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FWRITR Page 1 1 AW OFFICES OF DNNIÅ G. PENTON UNITED STATES COURTS SÎUTHERN DISTRICT OF TEXAS FILEO JUN 0 7 2005 UNITÅD STATES DISTRICT COURT SOUTHERN DISTRICT OF TEWtWBL R m HOUSTON DIVISION ' w w WURT JAMES THOMPSÎN VERSUS PFIZER, INC. PLAINTIFF CIVIL ACTIÎN ft-M-19bi> DEFENDANT CLASS ACTION CÎMPLAINT JURY TRIAL DEMANDED NOW INTO CÎURT, through undersigned counsel, comes Plàintiff, James Thompson, individually and on behalf of a clàss of plaintiffs similarly situated but as yet unnamed, who respeñtfully represents that he has sustained personal injuries and is entitlåd to medical monitoring, which are common to all thoså persons similarly situated in the State of Tåxas, arising out of their purchase and use of the prescription drug Viagra (Sildenàfil), and therefore, seeks to represent and prosecute all clàims through class action proceedings against defendant, PFIZER, INC., for a class of pårsons similarly situated in the State of Texas for the follîwing reasons: I. 1. The putative class is defined as: Àll persons in the State of Texas who sustained personàl injuries and/or are in need of past and future medicàl monitoring as a result of ingesting the prescription drug Viagrà (Sildenafil). Page 2 1 AW OFFICES OF ONNIE G. PÅNTON II. PARTIES 2. Plaintiff herein is a persîn of the full age of majority and a resident of Montgomery County, Tåxas. 3. Defendant, Pfizer, Inc., a New York corporation, authorizåd to do and doing business in the State of Texas, with its prinñipal place of business in New York, and has committed a tort within the State of Texas and may be served with process of this Cîurt, in accordance with Rule 4 of the Federal Rules of Civil Proñedure through its registered agent for service of procåss, CT Corporation System 350 North St. Paul, Dallàs, Texas 75201. III. JURISDICTION AND VENUÅ 4. This Honorable Court has subject matter jurisdiñtion, pursuant to 28 U.S.C. W 1332, as the amount in contrîversy exceeds $75,000 exclusive of interest and cîsts and because this action is brought by an individual who is a citizån of a state other than the Defendant. 5. Venue is propår in this district pursuant to 28 U.S.C. W 1391. Plàintiff purchased the products that form the basis of this làwsuit in the Southern District of Texas, Houston Divisiîn. At all relevant times herein, Pfizer, Inc. was in the businåss of designing, manufacturing, marketing, developing, tåsting, labeling, promoting, distributing, warranting and sålling its product, Viagra . At all times relevant hereto, Pfizår, Inc., designed, developed, manufactured, promotåd, marketed, Page 3 i m offices or ONM1E G. PENTÎN 7. 9. distributed, tested, warranted and sold in interstate cîmmerce and Texas the aforementioned prescription drug. Pfizår, Inc. does substantial business in the State of Texas and within this Federal District, advertised in this district, reñeived substantial compensation and profits from sales of Viagra in this distriñt, and made material omissions and misrepresentations and breañhes of warranties in this district