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HomeMy WebLinkAbout07-4294DECHERT LLP By: David M. Haendler, Esquire Identification No. 202755 Cira Centre 2929 Arch Street Attorney for Defendant/Petitioner Philadelphia, PA 19104-2808 Merck & Co., Inc. (215) 994-2243 GEORGE BIEHLS, CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff TRIAL DIVISION v, ~.t ~~ ~ Term, 2007 MERCK & CO., INC. = No: ~ '~ 'y ~ / 7 Defendant. PETITION FOR LETTERS ROGATORY Pursuant to Pennsylvania Rule of Civil Procedure 234.1 and 42 Pennsylvania Consolidated Statutes Annotated § 5329, the issuance of a subpoena is requested on the following grounds: 1. Petitioner is Merck & Co., Inc., above-named defendant in an action pending in the Superior Court of New Jersey, filed by plaintiff George Biehls. A copy of the complaint in this lawsuit is attached hereto as Exhibit A. 2. Petitioner seeks a subpoena to produce documents and things and give testimony relating to the personlentity named below: 1 Delta Dental One Delta Drive Mechanicsburg, PA 17055 3. The subpoena shall direct the person/entity to appear and to produce the documents requested on the attached Exhibit B, at the office of: David M. Haendler, Esquire Dechert LLP Cira Centre 2929 Arch Street Philadelphia, PA 19104 4. A commission for the issuance has been entered in the Superior Court of New Jersey. A copy of the order appointing this commission is attached hereto as Exhibit C. 5. Petitioner requires the issuance of a subpoena by this Court to compel the testimony and production of documents. A copy of the proposed subpoena is attached hereto as Exhibit D. WHEREFORE, Petitioner requests that this Court order the issuance of a subpoena directed to the person/entity named in paragraph (2) of this Petition. Respectfully Submitted, ~~~ David M. Haendler, Esquire Dechert LLP Cira Centre 2929 Arch Street Philadelphia, PA 19104 (215) 994-2243 Attorneys for Merck & Co., Inc. Dated: July 20, 2007 2 EXHIBIT A ArIApOi~, -7L.{i ITART~,i ~L' TDS, COHAI~, ~~f~~~f~~ S,r. i. FELDMAN & SMALLEY, P.C. b f HY: DAViD JACOBY, ESQUIRE ~ ~~r~~ GREGORY S. SPtZER, ESQUIRE 4oz Park Bou,evard JAlV t 4 ?~ Chary Hiti, NJ 08002 856 4Z7-9229• Fax (835) q88-1396 ,~~~ -~•-~ Attorneys for Plaintlt~'s ~ •_ • • • . • IN THE SUPERIOR COURT OF NEW JERSEY LAW DMSION, ATLANTIC COUNTY GEORGE i~I~xxLS . 7-~. ~. /lr ~ 4 T Case Code Number. 619 P1Qrnr~sj vs. At3HREYIATED SHORT FORM • MERCK do CO., INC., COMPLAINT FOR YIOXX LITIGATION lhfe~duM JURY TRIAL DEMANDED 1. Plaintiffs' for his/her claim against the tkfcndant states and allcgcs as follows and incorporate: by t~eference the rolavaist portia~s of the Master t:.omplaini on file entitled: Ta Re: Vio~oc Liti, ag_U'on„_Casa Code Number, 619, now pending in tho Superior Court of Now lasey, Law Division, Atlantic County before the Honorable Carol E. Higbee, J.S.C. Plaintiff selects and indicates by chscJcing afl'the appropriate boxes, those claims that are specific to his or her case. Whcre claims require, pursuant to New Jersry taw, specific pleading or cast specific facts and individual information, plaintifs'shall acid and include thcm herein. 2. Plaintiff, GEORGE BIE~ILS (hcreinatter rs~ferred to as "Plaints RD~I, Hox 151A $'}, is an individual who resides at _ ,~, _ Pittsfscld , in the State of Pennsylvania March 9 2002 ZA. On or about (data), Plaintiff suffered the fallowing injury(ies) as a result of ingesting Vioxx: acute inferior wall myuctirtliel infarction Z8. Plaintiff brings this actioa: - '~ on behalf of himself or herself. as tha rcptxscntacive of ______r_ as the parent end natural guardian ad litcsn of , a minor bom on as Administrator of the Estate of Plsintifl's (hcreinaftet "Ihcedent", sea Letter: of Administration annexed hereto as Exhibit A), who died on ZC. Plaintiffclaims damages u a result ofi 'r Personal It~ury to himsei~ herself or the person rcpresentCd Wrotsgfut Death SuNivai Action Loss of Consortium (per quod) f Loss of Services - ~ Economic Loss 3. Plaintiff/Decedent purchased and/or otherwise obtainat! Viaxx, which PlaintifflDECedeni ingested from Naveeriber, 2001 to May, 2002 4. PlalntifFs spouse; (hereinafter referred to as "Spouse") is an adult individual residing at 2 ' f in the State of , , and ciai~tts damages is a result of: Loss of Consoetlum: dace of t:tsrrtaQe Wrongful Death: dote of dcx-th S. The following claims asserted in the Master Complaint and the allegations wish regard thereto in the Master Complaint are herein adopted by reference: `~ Count I: Prodvat Liability -Defective bcsign (Naw Loney Products Liability Act . N.1.S.A. ZA:S8C-1 et seq.) f Count II: Product Liability - Failure W Warn (New Jersey Products Liability Act - NJ.S.A. 2A:S8C-1 et seg.) ~ Count IIl: NJ Conaumec Fraud Act {NJ.S.A. Sti:B-1 ot. segJ ' __, ~„~_ Count IV: Breach of Express Warranty , `~ Count V: Punitive Damages Under Contnton Law & Products Liability Act tN.3.5.A. 2A:C-1) Count V1: Wrongful i~tath Count VII; Survival Action Count VIiI: Lass of Consortium ' Plaintiff asserts the following additional theories of recovery against Merck & Co., Inc.: 3 BiehlsG-Complaint- 00003 • If you include additional ciaima against entity{ies) other than Menk Jc Ca.. lnc:., the facts supporting this count must be specifically pkd by the plaintiff and tht defendants against wfto that' arc alleged. must be idtatifted on a separate shext of paper attached to titre Complaint. * tf you have incir~ded any additionat theories of rrcovcry, to die extent they require specificity )n pleadings, rite specific gets and allebations :upport(pg these theories must be alea~dod by the plaintiff itt a manner complying with the requirements of fire New 3ersey Rules of Court. Demand is hereby made for s trial by jury. Data: ~a .?M~,~ ao•~ / _s s~~ DAVI JACOHY, ESQUIRE GREGORY S. SPIZER, E5QUIRE ~TIFIC~,~ON PURSUANT TO AUL~_4:5-1 Plaintiff upon information and belief is not awue of arty pettdin~ or contemplated action. Fvrthcr, upon information and belie sheltie is »ot avvarc of any other parry who shou)d be joined in this action. DAV D JACOSY, SQUrRE GREGORY S. SPLZfiR, E5QUYRE Dazed: is ,~,~.. aD0 `~ 4 BiehlsG-Complaint- OOOOd DESIGNATION OF TRIAL COUNSEL Pursuant to R. 4:25-d, Sot H. Weiss, 1?squire, David Jacoby, Esquire, and Gregory S, Spizer, Esquire art hereby designated as trial counsel in this matter. ,r S y -. DAV1 JACOBY, QUIRl:• GREGORY S. SPIZ,ER,, k:SQU1IZE CBl~T>Q~CATjON OF O CE Pursuant to N.J.S.A., 56:8-20, Plaintiff is mailing a copy of this Gomplaittt and Jury Demand to the Office ofAttorrs~y Gtntztitl, Cn-005,'t'rcnton, New Jersey, within {1 Q) days of the fi[ina of this Complaint and Jury Dtraand. f ~ . DAV JACOB ,ESQUIRE GREC30RY S. SPIZEA, ESQUIRE Dated; n v a?p0 `~ S BiehlsG-Comt~laint- 00005 EXHIBIT B SCHEDULE "A" The entire file, including, but not limited to, all medical records, dental records, inpatient records, outpatient records, clinic patient records, physicians' records, office notes, surgeons' records, x-rays, CAT scans, MRI scans or other imaging, and corresponding reports, pathology and cytology materials, slides, tissue blocks, laboratory reports, discharge summaries, progress notes, consultations, prescriptions, physicals and histories, nurses' notes, charts, correspondence, diagnostic tests, patient intake forms, logs, reports, correspondence, psychiatric records, psychological records, social worker's records, insurance records, consent for treatment, statements of account, bills, invoices, a printout or listing that identifies all treatment dates, or any other papers concerning any treatment, examination, periods or stays of hospitalization, confinement, diagnosis or other information pertinent to and concerning the physical or mental condition of Plaintiff, George Biehls. 2. SSN:166-52-9720 -3- EXHIBIT C 'RECEIVED ands FILED LAW OFFICES .1UL 1 1 2007 DECHERT LLP A PENNSYLVANIA LIMITED LIABILITY PARTNERSHIP ~'TV4NTiC C()u PRINCETON PIKE CORPORATE CENTER (MAIL TO) P.O. BOX 5218, PRINCETON, NEW JERSEY 08543-5218 ~"a~'Q~~/~~~n~V (DELNER TO) 99T LENOX DRIVE, BUILDING THREE, SUITE 210 LAWRENCEVILLE, NEW JERSEY 08648 (609) 620-3200 ATTORNEYS FOR MERCK 8 CO., INC. GEORGE BIEHLS, vs. MERCK & CO., INC., SUPERIOR COURT OF NEW JERSEY LAW DIVISION: ATLANTIC COUNTY Plaintiff, DOCKET NO. ATL-L-0161-04MT CASE CODE: 619 CIVIL ACTION VIOXX® LITIGATION Defendant. ORDER FOR COMMISSION AND COMMISSION AUTHORIZING THE ISSUANCE OF AN OUT-OF-STATE SUBPOENA DUCES TECUM THIS MATTER having been opened to the Court upon application by Dechert LLP, a Pennsylvania Limited Liability Partnership, attorneys for Merck & Co., Inc. pursuant to R. 4:11-5 for entry of an Order compelling Delta Dental to produce records and documents regarding George Biehls and for good cause having been shown for the entry of issuance of a Commission authorizing the issuance of a subpoena in this matter; IT IS on this ~ day of , 2007, ORDERED that: 1. The application to issue a Commission for the issuance of a subpoena compelling the production of documents by Delta Dental regarding George Biehls is hereby granted; and the following Commission is hereby issued: COMMISSION Merck & Co., Inc., having demonstrated the need for certain information and documents to be produced in connection with the matter herein and requiring a subpoena from the Courts of the Commonwealth of Pennsylvania for their production, the Superior Court of New Jersey, through the undersigned Judge, hereby respectfully commissions and solicits the assistance of the Courts of the Commonwealth of Pennsylvania, or such subordinate office as it may designate, to issue with due diligence Subpoena Duces Tecum in a form acceptable to the Court Rules of the Commonwealth of Pennsylvania, and in accordance with the customs and traditions of the Courts of the Commonwealth of Pennsylvania, compelling the following individual(s) to produce documents and things: Delta Dental One Delta Drive Mechanicsburg, PA 17055 2. A copy of the Order shall be served upon all counsel of record in this action within seven (7) days from the date of entry. Carol E. Higbee, P.J.Cv. -2- SCHEDULE"A" The entire file, including, but not limited to, all medical records, dental records, inpatient records, outpatient records, clinic patient records, physicians' records, office notes, surgeons' records, x-rays, CAT scans, MRI scans or other imaging, and corresponding reports, pathology and cytology materials, slides, tissue blocks, laboratory reports, discharge summaries, progress notes, consultations, prescriptions, physicals and histories, nurses' notes, charts, correspondence, diagnostic tests, patient intake forms, logs, reports, correspondence, psychiatric records, psychological records, social worker's records, insurance records, consent for treatment, statements of account, bills, invoices, a printout or listing that identifies all treatment dates, or any other papers concerning any treatment, examination, periods or stays of hospitalization, confinement, diagnosis or other information pertinent to and concerning the physical or mental condition of Plaintiff, George Biehls. 2. SSN:166-52-9720 -3- EXHIBIT D COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GEORGE BIEHLS v. MERCK & CO., INC. File No. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Data Dental (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: see attached Schedule "A" at (Address} You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to corrtply with it. "THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: David M. Haendler, Esquire ADDRESS: Cira Centre _ 2929 Arch Street -- Dechert LLP Philadelphia PA 19104 TELEPHONE: 215-994-2243 SUPREME COURT ID# 0 2 7 5 ATTORNEY FOR: Mer k ~ Cn _ ~ Tn~ _- BY THE COURT: Prothonotary, Civil Division Date: 'Seal of the Court Deputy SCHEDULE "A" The entire file, including, but not limited to, all medical records, dental records, inpatient records, outpatient records, clinic patient records, physicians' records, office notes, surgeons' records, x-rays, CAT scans, MRI scans or other imaging, and corresponding reports, pathology and cytology materials, slides, tissue blocks, laboratory reports, discharge summaries, progress notes, consultations, prescriptions, physicals and histories, nurses' notes, charts, correspondence, diagnostic tests, patient intake forms, logs, reports, correspondence, psychiatric records, psychological records, social worker's records, insurance records, consent for treatment, statements of account, bills, invoices, a printout or listing that identifies all treatment dates, or any other papers concerning any treatment, examination, periods or stays of hospitalization, confinement, diagnosis or other information pertinent to and concerning the physical or mental condition of Plaintiff, George Biehls. 2. SSN:166-52-9720 -3- ~_~ `-~ __ `' .--~ --~- ~ ~ t ~ ~. „ _ {i'Z 1. ~~ ti~ ~ ~M1"x -._ ~ i'1 ~ tvw\ ~ ~ ~ ~ ; '~ C Y W c`' p Dechert LLP July 20, 2007 VIA HAND DELIVERY Prothonotary of Cumberland County One Courthouse Square Carlisle, PA 17013 Re: Geor>;e Biehls v. Merck & Co., Inc. Dear Sir/Madam: Cira Centre 2929 Arch Street Philadelphia, PA 19104-2808 +1 215 994 4000 Main +1 215 994 2222 Fax www.dechert.com DAVID M. HAENDLER david. haendler@dechert, com +1 215 994 2243 Direct +1 215 655 2243 Fax This firm represents Defendant Merck & Co., Inc. ("Merck") in the above matter. Please fmd enclosed the original copy of each of the following: (1) Petition for Letters Rogatory; (2) Distribution List; (3) Two (2) copies of the Proposed Order; and (4) Proposed Subpoena. A self-addressed stamped envelope and two checks to cover filing fees are also enclosed. If you have any questions, please contact me. Thank you for your attention to this matter. Sincerely, ~~ ~ ~-~~ David M. Haendler Associate Austin Boston Charlotte Hartford New York Newport Beach Palo Alto Philadelphia Princeton San Francisco Washington DC Brussels London Luxembourg Munich Paris Distribution List Attorney for Defendant, Merck & Co., Inc. David M. Haendler, Esq. Dechert LLP Cira Centre Philadelphia, PA 19104-2808 215-994-2243 Direct 215-655-2243 Fax Attorney for Plaintiff, George Biehls Gregory S. Spizer, Esq. Anapol, Schwartz, Weiss, Cohan, Feldman & Smalley, P.C. 1710 Spruce Street Philadelphia, PA 19103 215-790-4578 Direct 215-875-7722 Fax JUL 2 3 20D~ GEORGE BIEHLS, CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff TRIAL DIVISION c:,,.I v. O 7 - `~ ~`~' ~ Term, 2007 MERCK & CO., INC. No: Defendant. ORDER r~ AND NOW, this ~~ day of ,1 ~~ ~ , 2007, upon consideration of the Petition for Issuance of Subpoena to Produce Documents or Things for Discovery Pursuant to Rule 4009.22 and upon motion of counsel for defendant/petitioner Merck & Co., Inc., it is hereby ORDERED that the Prothonotary of Cumberland County issue a subpoena directed to the person entity named below, directing their production of documents and things and attendance to testify pursuant to the Pennsylvania Rules of Civil Procedure: Delta Dental One Delta Drive Mechanicsburg, PA 17055 -~ BY THE COURT: i / _~..~ _ ^~, r, DECHERT LLP By: David M. Haendler, Esquire Identification No. 202755 Cira Centre 2929 Arch Street Philadelphia, PA 19104-2808 (215) 994-2243 Attorney for Defendant/Petitioner Merck & Co., Inc. GEORGE BIEHLS, CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff TRIAL DIVISION v C.J ~~ ~ Term, 2007 MERCK & CO., INC. : U ~ 9 /~ No: 6 '~ - 7 7 Defendant. PETITION FOR LETTERS ROGATORY Pursuant to Pennsylvania Rule of Civil Procedure 234.1 and 42 Pennsylvania Consolidated Statutes Annotated § 5329, the issuance of a subpoena is requested on the following grounds: 1. Petitioner is Merck & Co., Inc., above-named defendant in an action pending in the Superior Court of New Jersey, filed by plaintiff George Biehls. A copy of the complaint in this lawsuit is attached hereto as Exhibit A. 2. Petitioner seeks a subpoena to produce documents and things and give testimony relating to the person/entity named below: 1 Delta Dental One Delta Drive Mechanicsburg, PA 17055 3. The subpoena shall direct the person/entity to appear and to produce the documents requested on the attached Exhibit B, at the office of: David M. Haendler, Esquire Dechert LLP Cira Centre 2929 Arch Street Philadelphia, PA 19104 4. A commission for the issuance has been entered in the Superior Court of New Jersey. A copy of the order appointing this commission is attached hereto as Exhibit C. 5. Petitioner requires the issuance of a subpoena by this Court to compel the testimony and production of documents. A copy of the proposed subpoena is attached hereto as Exhibit D. WHEREFORE, Petitioner requests that this Court order the issuance of a subpoena directed to the person/entity named in paragraph (2) of this Petition. Respectfully Submitted, ~~~ David M. Haendler, Esquire Dechert LLP Cira Centre 2929 Arch Street Philadelphia, PA 19104 (215) 994-2243 Attorneys for Merck & Co., Inc. Dated: July 20, 2007 2 EXHIBIT A Alv,~o>w scxwwRT2, wFass, cox~ly, At~~l6'~~ ~~~~; s FELDMAN & SMALLEY, P.C. HY: DAVID JAC08Y, ESQUIRfi ~<<~~ GREGORY S. SPtZER, ESQUIRE 402 Park Boulevard ~~ t Cherry Nilt, NJ 08002 {856} 417-9ZZ9; Fax {836) 488-i39b •,~ ~ ~~.•-+~ Attorneys for Ptaintlffs ;~ ~~~ "~''•~ t .. IN THE SUPERIOR COIIRT OF NEW 3ERSEY LAW DMSION, ATLANTIC COUN'T'Y GEORGE BIEHY~S r~,. ~. /~ /- 4 Casc Code Number: 619 Pteinr~sj . vx. AaBRE1rIATED SHORT FORM _ MERCK do CO., INC., COMPLAIIYT FOR VIOXX LITIGATION Ikfinaiarrt JURY 7RIA1~ DTMAIYD>ED l . Plaintzti' for his/her claltn against the Defendant :taus and altcgcs as foilowa and incorporates by reference the relevant portions of the Master Complaint on file omitted: I_° Re: V~ Liti~on Caso Codc Number 619. now pa~ding in the Superior Court of Nt:w JErsey, Law Division, Atlantic County befo`e tht: Honorebte Corot E. Higbee, J.S.C. Plaintiff selects and indicates by checking off the appropriate boxes, those ctaims that are specific to his ar het case. Where claims requiro, pursuant to Ncw Jet•scy law, specific pleading or case specific facts and individual Information, p[a~intiff xhall add and include them herein. 2. Plaintiff, GEORGE i3YE1•i'LS (horeinafier referred to as "Ptaintit'f} ~#1, Box 161A is an individual who resides at - .. PittsScld Pettas lvania iR the State of y BiehlsG-Complaint- Onnn1 2A. On or about Much p' 2002 (date), Plaintiff suffored the following injury(ies) as a result of ingectir-g Vtoxx: acute inferior wall myocardial infarction 28. Plaintiff brings this aztioa: '~ on behalf of himself or ltenalf. as the rept+eserttative of____,~_,~_ .._____ as the parent end ttatura! ruerdian ad titan of . e minor born on as Administrstor of the Estate of Plaintiffs (hereinafter "Ikcedent", see Lcttcrs of Administration annexed hereto as Exhibit A), who died on 2C. Plaintiffclaims damages u a result of '~ Personal lttjuty to himself; herself or the person rcprescat~d Wrongful Death Survival Action Loss of Consortium (per quod) f Loss of5crvit:es { _ Economic Loss 3. PlaintifflDecedent purchased and/or otherwise obtainer! Vioxx, which PiaintifflDecedettt ingested from Naveenber, 2001 to May, 2002 4. Plaintiff s spouse, (hereinafter referred to as "Spouse") is an adult individual residing at Z BiehlsG-Complaint- 00009 in the Swte of , and claims darn~ges ~s a result of: Loss of Consortium: data of ntarriaae Wrangfut Death: date of death 5. The following claims asserted In the Master Complaint and the allegations with regard thereto in the Master Complaint ue herein adapted by rcferrnce: `~ Count I: Product Liability - i?cfectivs benign {3daw tenay Products Liability Act - N.1,S.A. ZA:SSC•1 et seq.) f Count II: Praduet Liability -Failure to Warn {Ntw lersty Products Liability Act - NJ.S,A. 2A:S8C-1 et seq.} Count IIl: NJ Consumer Fraud Act (NJ.S.A. 56:8-Z et. seq.) `~ Count IV: Breach of Express warranty Count V: Punitive Damages Under Common Law & Products Liability Act {N.3.S.A. 2A:C-I) Count VI: Wrongful Death Count YII: Survival Action Count Vtil: Lots of Consortium ' Plaintiff asserts iHe following additional theories of t~covcry against Merck & Co., Luc.. 3 HiehlsG-Complaint- 00003 ~ if you include additional Claims agaiRSt antity{ies) other than Merck & Co.. lnc., the facts supporting this count must be speci&catly pied by the plaintiff and thti defendants against wito they arc aile$cd must be ideatiRed on a separate sheet of paper attached to Utt Comp~aint- " tf you have included any additional theories of rrcovcry, to the extent they require specificity In ptc:adings, fire apecll,ic i'aets and aliebations supponing these thcorics must be alsadcd by tha plaiiitiff itt a manner complying with the rcquirernents of tfie Now 3crsey Stuias of Court. Dr~rnattd is lttreby made for a srial by,yury. Dated•,~ v.~ Leo ~ ~ - DA V~ III JACOHY, ESQUIRE GREGORY 5. SPIZER, ESQUIRE CFR~,,,~`IFIC,~~ON PIJRSIIANT TO RUG,_,_E 4'S-1 Plaintiff npon information and belief is aot aware of any peeding or cantomptated action. Further, upon iniotmation and belief, sheltie is not aware of any nthcr party who should be joined in this action. S ~ ~_. DAV D JACOBY, SQUIRE GREGORY S. Si'LZER, F„5QUI1tE hated: l a ,~,~..+.+~, e~DO'~ ~- 4 BiehlsG-Complaint- 00004 f ~ DESIGNA?ION OF T12IAL COUNSEI. Pursuant to R. 4:25-d, Sot H. Woiss, Esquire, David Jacoby, Esquire, and Gregory S. Spizer, Esquire are hereby designated as trial counsel in this mattes. Dated: /~ TA„ ~„M aao ~ ~ ~ y -. DAVI 1ACOBY, SQUIRE' GtZEGORY S. SP17.ER., tiSQUI1tE CERTIFICATIOPLOF OTICE Pursuant to N.1.3.A., 56:8-20, Plaintiff is mailing a copy of tt-is Gcmptaint and Jury Dcrostrtd to the OfI"ke of Attorrky Genonl, Cn-005, 'I'senton, New Jarsry, within (] 0) days of the filing of this Complaint ana Jury Derrtand. ~ ~ . ~~ Dav JACOB , gsc~>J11:Jr tiREGORY S. SPIZER, ESQUIRE 1)acea:1~i~r~ r, aaa ~1 s BiehlsG-Complaint- 00005 SCHEDULE "A" The entire file, including, but not limited to, all medical records, dental records, inpatient records, outpatient records, clinic patient records, physicians' records, office notes, surgeons' records, x-rays, CAT scans, MRI scans or other imaging, and corresponding reports, pathology and cytology materials, slides, tissue blocks, laboratory reports, discharge summaries, progress notes, consultations, prescriptions, physicals and histories, nurses' notes, charts, correspondence, diagnostic tests, patient intake forms, logs, reports, correspondence, psychiatric records, psychological records, social worker's records, insurance records, consent for treatment, statements of account, bills, invoices, a printout or Listing that identifies all treatment dates, or any other papers concerning any treatment, examination, periods or stays of hospitalization, confinement, diagnosis or other information pertinent to and concerning the physical or mental condition of Plaintiff, George Biehls. 2. SSN:166-52-9720 -3- ~tECE1VED ands FILE!) LAW OFFICES JUL 1 1 2001 DECHERT LLP A PENNSYLVANIA LIMITED LIABILITY PARTNERSHIP ATLANTIC C()UNT'~` PRINCETON PIKE CORPORATE CENTER ~~ ~~~'~'~~ (MAIL TO) P.O. BOX 5218, PRINCETON, NEW JERSEY 08543-5218 (DELIVER TO) 997 LENOX DRIVE, BUILDING THREE, SUITE 210 LAWRENCEVILLE, NEW JERSEY 08648 (609) 620-3200 ATTORNEYS FOR MERCK & CO., INC. GEORGE BIEHLS, vs. MERCK & CO., INC., SUPERIOR COURT OF NEW JERSEY LAW DIVISION: ATLANTIC COUNTY Plaintiff, DOCKET NO. ATL-L-0161-04MT CASE CODE: 619 CIVIL ACTION VIOXX® LITIGATION Defendant. ORDER FOR COMMISSION AND COMMISSION AUTHORIZING THE ISSUANCE OF AN OUT-OF-STATE SUBPOENA DUCES TECUM THIS MATTER having been opened to the Court upon application by Dechert LLP, a Pennsylvania Limited Liability Partnership, attorneys for Merck & Co., Inc. pursuant to R. 4:11-5 for entry of an Order compelling Delta Dental to produce records and documents regarding George Biehls and for good cause having been shown for the entry of issuance of a Commission authorizing the issuance of a subpoena in this matter; IT IS on this ~ day of , 2007, ORDERED that: 1. The application to issue a Commission for the issuance of a subpoena compelling the production of documents by Delta Dental regarding George Biehls is hereby granted; and the following Commission is hereby issued: COMMISSION Merck & Co., Inc., having demonstrated the need for certain information and documents to be produced in connection with the matter herein and requiring a subpoena from the Courts of the Commonwealth of Pennsylvania for their production, the Superior Court of New Jersey, through the undersigned Judge, hereby respectfully commissions and solicits the assistance of the Courts of the Commonwealth of Pennsylvania, or such subordinate office as it may designate, to issue with due diligence Subpoena Daces Tecum in a form acceptable to the Court Rules of the Commonwealth of Pennsylvania, and in accordance with the customs and traditions of the Courts of the Commonwealth of Pennsylvania, compelling the following individual(s) to produce documents and things: Delta Dental One Delta Drive Mechanicsburg, PA 17055 2. A copy of the Order shall be served upon all counsel of record in this action within seven (7} days from the date of entry. Carol E. Higbee, P.J.Cv. -2- SCHEDULE "A" The entire file, including, but not limited to, all medical records, dental records, inpatient records, outpatient records, clinic patient records, physicians' records, office notes, surgeons' records, x-rays, CAT scans, MRI scans or other imaging, and corresponding reports, pathology and cytology materials, slides, tissue blocks, laboratory reports, discharge summaries, progress notes, consultations, prescriptions, physicals and histories, nurses' notes, charts, correspondence, diagnostic tests, patient intake forms, logs, reports, correspondence, psychiatric records, psychological records, social worker's records, insurance records, consent for treatment, statements of account, bills, invoices, a printout or listing that identifies all treatment dates, or any other papers concerning any treatment, examination, periods or stays of hospitalization, confinement, diagnosis or other information pertinent to and concerning the physical or mental condition of Plaintiff, George Biehls. 2. SSN:I66-52-9720 -3- COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GEORGE BIEHLS v. MERCK & CO., INC. File No. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Delta Dental (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you aze ordered by the court to produce the following documents or things: see attached Schedule "A" at (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: David M. Haendler, Esquire ADDRESS: Cira Centre 2929 Arch Street -- Dechert LLP Philadelphia PA 19104 TELEPHONE: 215-994-2243 SUPREME COURT ID # 202 755 ATTORNEY FOR: Merck ~ Cn _ T Tnr _ BY THE COURT: Prothonotary, Civil Division Date: 'Seal of the Court Deputy SCHEDULE "A" The entire file, including, but not limited to, all medical records, dental records, inpatient records, outpatient records, clinic patient records, physicians' records, office notes, surgeons' records, x-rays, CAT scans, MRI scans or other imaging, and corresponding reports, pathology and cytology materials, slides, tissue blocks, laboratory reports, discharge summaries, progress notes, consultations, prescriptions, physicals and histories, nurses' notes, charts, correspondence, diagnostic tests, patient intake forms, logs, reports, correspondence, psychiatric records, psychological records, social worker's records, insurance records, consent for treatment, statements of account, bills, invoices, a printout or listing that identifies all treatment dates, or any other papers concerning any treatment, examination, periods or stays of hospitalization, confinement, diagnosis or other information pertinent to and concerning the physical or mental condition of Plaintiff, George Biehls. 2. SSN:166-52-9720 -3- (~ to ~ ~ 1 _ r c °~ }' ~l W ~ Dechert LLP July 20, 2007 VIA HAND DELIVERY Prothonotary of Cumberland County One Courthouse Square Carlisle, PA 17013 Re: George Biehls v. Merck & Co., Inc. Dear Sir/Madam: Cira Centre 2929 Arch Street Philadelphia, PA 19104-2808 +1 215 994 4000 Main +1 215 994 2222 Fax www.dechert.com DAVID M. HAENDLER david. haendler@dechert.com +1 215 994 2243 Direct +1 215 655 2243 Fax This firm represents Defendant Merck & Co., Inc. ("Merck") in the above matter. Please find enclosed the original copy of each of the following: (1) Petition for Letters Rogatory; (2) Distribution List; (3) Two (2) copies of the Proposed Order; and (4) Proposed Subpoena. A self-addressed stamped envelope and two checks to cover filing fees are also enclosed. If you have any questions, please contact me. Thank you for your attention to this matter. Sincerely, ~~ ~ ~~~~ David M. Haendler Associate Austin Boston Charlotte Hartford New York Newport Beach Palo Alto Philadelphia Princeton San Francisco Washington DC Brussels London Luxembourg Munich Paris Distribution List Attorney for Defendant, Merck & Co., Inc. David M. Haendler, Esq. Dechert LLP Cira Centre Philadelphia, PA 19104-2808 215-994-2243 Direct 215-655-2243 Fax Attorney for Plaintiff, George Biehls Gregory S. Spizer, Esq. Anapol, Schwartz, Weiss, Cohan, Feldman & Smalley, P.C. 1710 Spruce Street Philadelphia, PA 19103 215-790-4578 Direct 215-875-7722 Fax GEORGE BIEHLS, CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff TRIAL DIVISION v. U ~ i ~ Term, 2007 MERCK & CO., INC. Defendant. ORDER AND NOW, this day of , 2007, upon consideration of the Petition for Issuance of Subpoena to Produce Documents or Things for Discovery Pursuant to Rule 4009.22 and upon motion of counsel for defendant/petitioner Merck & Co., Inc., it is hereby ORDERED that the Prothonotary of Cumberland County issue a subpoena directed to the person/entity named below, directing their production of documents and things and attendance to testify pursuant to the Pennsylvania Rules of Civil Procedure: Delta Dental One Delta Drive Mechanicsburg, PA 17055 BY THE COURT: J.