Free Case Transferred In - District Transfer - District Court of California - California

Case 3:06-cv-00878-JPG-PMF Document 1-10 Case 3:07-cv-02534-CRB Document 19-2 Filed 05/11/2007 Page 1 of of 2 Filed 01/25/2007 Page 1 2

AFFIDAVIT OF SHEILA BENNETT

Sheila Bennett, after being first duly sworn, makes this Affidavit and states as follows:
1.

My name is Sheila Bennett.

2.

I have served as the pharmaceutical buyer for Waigreen Co., an Illinois

corporation, during the period of 1988 to the present.
3.

In that capacity, I have personal knowledge of the statements contained in this

Affidavit. I am fully familiar with all name brand products currently and in the past sold by
Walgreen Co.
4.
5. 6.

I am competent to make this Affidavit. I am over the age of twenty-one (21) years old.
The prescription drug Vioxx® was manufactured by Merck & Co., Inc., a co-

defendant in this action.
7.

Waigreen Co. exercised no control over the design and manufacture of Vioxx®,

nor did Waigreen Co. provide instructions or warnings to the manufacturer of said drug.
8.

At all times relevant to this litigation, Walgreen Co. possessed no knowledge or

information regarding any defect in Vioxx® which might or could have caused injury or damage to plaintiffs.
9.

Walgreen Co. made no changes in Vioxx® prior to sale of the product to

consumers.
10.

Walgreen Co. is not aware of any facts or circumstances upon which a verdict

might be reached against it, other than with regard to its status as a seller in the stream of
commerce of Vioxx®.

Case 3:06-cv-00878-JPG-PMF Document 1-10 Case 3:07-cv-02534-CRB Document 19-2 Filed 05/11/2007 Page 2 of of 2 Filed 01/25/2007 Page 2 2

11.

Upon information and belief, the prescription drug Celebrex® was manufactured

by Pfizer, Inc., a co-defendant in this action.
12.

Waigreen Co. exercised no control over the design and manufacture of

Celebrex®, nor did Waigreen Co. provide instructions or warnings to the manufacturer of said

drug.
13.

At all times relevant to this litigation, Walgreen Co. possessed no knowledge or

information regarding any defect in Celebrex® which might or could have caused injury or damage to plaintiffs.
14.

Walgreen Co. made no changes in Celebrex® prior to sale of the product to

consumers.
15.

Walgreen Co. is not aware of any facts or circumstances upon which a verdict

might be reached against it, other than with regard to its status as a seller in the stream of
commerce of Celebrex®.

Further, Affiant sayeth not.

Under penalties as provided by law, the undersigned certifies that the statements set forth in this instrument are true and correct, except as to matters therein stated to be on information and belief and as to such matters the undersigned certifies as aforesaid that she
verily believes the same to be true.
-d

Affiant

Subscribed and sworn to before me this 7 day of

JkA1, 2006.

My Commission Expires:

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