Filing # 141669082 E-Filed 01/10/2022 01:30:33 PM
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`Plaintiff,
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`ROCCO MARANDO
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`vs.
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`MASTERPHARM, LLC d/b/a MASTERPHARM
`COMPOUNDING PHARMACY,
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`IN THE CIRCUIT COURT OF THE 11TH
`JUDICIAL CIRCUIT, IN AND FOR
`MIAMI-DADE COUNTY, FLORIDA
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`GENERAL JURISDICTION DIVISION
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`CASE NO:
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`Defendants,
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`COMPLAINT FOR DAMAGES
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`Plaintiff, Rocco Marando by and through his undersigned counsel, sue the Defendant,
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`Masterpharm, LLC d/b/a Masterpharm Compounding Pharmacy (referred to as “Masterpharm”)
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`and allege:
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`1. This action is for damages in excess of Thirty Thousand Dollars ($30,000.00)
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`exclusive of interest, attorney’s fees and costs.
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`2. Plaintiff, Rocco Marando is an individual over the age of 18 who is sui juris and
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`resides in Miami-Dade County.
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`3. That at all times material to this Complaint the incident herein took place in Miami-
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`Dade County, Florida.
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`4. The Defendant, Masterpharm is a limited liability corporation duly organized and
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`existing by virtue of the laws of the State of New York.
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`Plaintiff,
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`ROCCO MARANDO
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`vs.
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`MASTERPHARM, LLC d/b/a MASTERPHARM
`COMPOUNDING PHARMACY,
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`
`
`
`IN THE CIRCUIT COURT OF THE 11TH
`JUDICIAL CIRCUIT, IN AND FOR
`MIAMI-DADE COUNTY, FLORIDA
`
`GENERAL JURISDICTION DIVISION
`
`CASE NO:
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`/
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`Defendants,
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`COMPLAINT FOR DAMAGES
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`Plaintiff, Rocco Marando by and through his undersigned counsel, sue the Defendant,
`
`Masterpharm, LLC d/b/a Masterpharm Compounding Pharmacy (referred to as “Masterpharm”)
`
`and allege:
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`1. This action is for damages in excess of Thirty Thousand Dollars ($30,000.00)
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`exclusive of interest, attorney’s fees and costs.
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`2. Plaintiff, Rocco Marando is an individual over the age of 18 who is sui juris and
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`resides in Miami-Dade County.
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`3. That at all times material to this Complaint the incident herein took place in Miami-
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`Dade County, Florida.
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`4. The Defendant, Masterpharm is a limited liability corporation duly organized and
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`existing by virtue of the laws of the State of New York.
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`5. That all times hereinafter mentioned, Defendant Masterpharm, LLC was and is the
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`owner of a pharmacy known as Masterpharm Compounding Pharmacy which is
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`located in the State of New York.
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`6. That at all times hereinafter mentioned, Defendant Masterpharm, LLC did business as
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`Masterpharm Compounding Pharmacy located in the State of New York.
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`7. That at all times hereinafter mentioned, Defendant Masterpharm, LLC its agents,
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`servants and/or employees operated the aforementioned pharmacy known as
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`Masterpharm Compound Pharmacy.
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`8. That at all times hereinafter mentioned, Defendant Masterpharm, LLC, its agents,
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`servants and/or employees controlled the aforementioned pharmacy known as
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`Masterpharm Compound Pharmacy.
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`9. On or about May 11, 2020, Plaintiff Rocco Marando suffered drug poisoning as the
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`result of ingesting the aforesaid Finasteride Plus.
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`10. The aforementioned drug poisoning occurred as a result of the negligence and
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`carelessness of the Defendant Masterpharm, its agent, servants and/or employees in
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`the ownership, operation, maintenance, management and control of
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`the
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`aforementioned pharmacy.
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`11. The drug poisoning occurred as a result of the negligence and carelessness of the
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`Defendant, Masterpharm, its agents, servants and/or employees in the negligent
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`handling, processing, and compounding of the aforesaid Finasteride Plus.
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`12. As a result of the aforementioned, the Plaintiff Rocco Marando was injured and
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`suffered injuries, including but not limited to drug poisoning and its sequelae.
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`13. As a result of the aforementioned occurrence, Plaintiff sustained severe and serious
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`permanent personal injuries, incurred medical expenses and sustained consequential
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`damages.
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`14. That by reason of the foregoing and the negligence of the Defendant, the Plaintiff
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`Rocco Marando, was severely injured, bruised and wounded, suffered, still suffers
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`and will continue to suffer, for some time, physical pain and bodily injuries and
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`became sick, sore, lame and disabled and so remained for a considerable length of
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`time.
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`15. That by reason of the foregoing, the Plaintiff Rocco Marando, was compelled to and
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`did necessarily require medical aid and attention and did necessarily pay and become
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`liable therefor medicines and upon information and belief, the Plaintiff will
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`necessarily incur similar expenses.
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`16. That by reason of the foregoing, the Plaintiff Rocco Marando, has been unable to
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`attend to his usual occupation in the manner required.
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`17. That as a result of the foregoing, the Plaintiff Rocco Marando, sustained damages and
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`personal injuries, the amount of which exceed the jurisdictional limits of all lower
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`courts which may have jurisdiction over this matter.
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`COUNT I
`CLAIM FOR NEGLIGENCE BY PLAINTIFF, ROCCO MARANDO AGAINST
`DEFENDANT
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`18. The Plaintiff, Rocco Marando, adopts and realleges paragraphs 1 through 17, as if
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`fully set forth herein.
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`19. That at all of the times hereinafter mentioned, the Defendant Masterpharm was
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`merchant in the business of purchasing, producing, manufacturing, compounding
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`processing and selling medications and prescription drugs.
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`20. That at the times hereinafter mentioned, the Finasteride Plus, purchased by the
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`Plaintiff, Rocco Marando was not merchantable at the time of its sale.
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`21. That at all of the times hereinafter mentioned, the Finasteride Plus, ingested by the
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`Plaintiff Rocco Marando was not merchantable at the time of its sale.
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`22. That at all of times hereinafter mentioned, the Plaintiff Rocco Marando relied on the
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`skill and judgment of the Defendant Masterpharm and their agents, servants and
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`employees, in the purchasing, processing, producing, manufacturing, compounding
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`and selling of medication and prescription drugs, more specifically, the Finasteride
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`Plus.
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`23. That at all of the times hereinafter mentioned, the Finasteride Plus which was sold to
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`the Plaintiff was not suitable for consumption.
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`24. That at all of the times hereinafter mentioned, the Finasteride Plus which was sold to
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`the Plaintiff was not suitable for the purpose in which it was intended.
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`25. That at all of the times hereinafter mentioned, the Plaintiff Rocco Marando notified
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`the Defendant, Masterpharm on or about May 19, 2020 that the Finasteride Plus he
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`purchased caused him injuries.
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`26. That at all of the times hereinafter mentioned, on or about May 11, 2020, the
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`Defendant Masterpharm recalled the aforesaid Finasteride Plus.
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`27. That by reason of the foregoing and the negligence of the Defendant, the Plaintiff
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`Rocco Marando, was severely injured, suffered and still suffers and will continue to
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`suffer, for some time, physical pain and bodily injuries and became sick, sore, lame
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`and disabled and so remained for a considerable length of time.
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`28. That by reason of the foregoing, the Plaintiff Rocco Marando, was compelled to and
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`did necessarily require medical aid and attention, and by necessarily pay and become
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`liable therefor for medicines and upon information and belief, the Plaintiff will
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`necessarily incur similar expenses.
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`29. That by reason of the foregoing, the Plaintiff Rocco Marando, has been unable to
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`attend to his usual occupation in the manner required.
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`30. That as a result of the foregoing, the Plaintiff Rocco Marando, sustained damages and
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`personal injuries, the amount of which exceed the jurisdictional limits of all lower
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`courts which may have jurisdiction over this matter.
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`WHEREFORE, the Plaintiff, Rocco Marando demand judgment against the Defendant,
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`Masterpharm, LLC d/b/a Masterpharm Compounding Pharmacy for damages and costs and
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`further demand a trial by jury.
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`Dated this 10th day of January 2022.
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`Respectfully submitted,
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`DORTA & ORTEGA, P.A.
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`_________________________
`REY DORTA, ESQ.
`Florida Bar No.: 0084920
`3860 S.W. 8 Street, PH
`Coral Gables, Florida 33134
`Telephone:
`(305) 461-5454
`Fax:
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`(305) 461-5226
`Email: RDorta@dortaandortega.com
`Email: DCruz@dortaandortega.com
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