Mass Torts Update - Written by Beasley Allen on Thursday, February 9, 2012 8:00 - 5 Comments

Reglan Litigation Update

The following is a requested update on the Reglan in Philadelphia. Even though a state trial judge there has overruled generic drug manufacturers’ preliminary objections seeking dismissal of the asserted against them, the viability of the Plaintiffs’ are still in question and could be subject to further delay. Recently, generic drug manufacturers involved in the Philadelphia jointly filed a petition for permission to appeal Judge Moss’ order to the Superior Court of Pennsylvania.

Under Pennsylvania law, the Defendants are permitted to appeal under sections 702(b) and 742 of the Pennsylvania Judicial Code when there is an order involving a controlling question of law to which there is a substantial ground for difference of opinion that an immediate appeal from the order may materially advance the ultimate determination of the matter. Here, the controlling question of law is whether, under Mensing, Plaintiffs’ against generic Defendants are preempted by federal law.

Many courts, including the 5th, 6th, and 8th Circuit Courts of Appeal, as well as district courts in Louisiana, Arkansas, Florida, Indiana, Georgia and New Jersey, have all dismissed state law raised against generic drug manufacturers. To add further support to their argument that appeal is proper under the circumstances, the generic Defendants also argue that Judge Moss’ decision was a collateral order separable from and collateral to the main cause of action, making the issue immediately appealable.

Plaintiffs who have filed suit around the country contend that Mensing may preempt failure to warn , but that does not imply that Mensing granted generics immunity from all tort liability. Specifically, generics are not preempted from failing to adequately communicate warnings that are consistent with information found in the labeling of its brand-name counterpart. In fact, it was alleged before the trial court in Philadelphia that no manufacturer, generic or brand, communicated the 2004 label changes, which specifically warned that drug therapy with /metoclopramide should not exceed twelve weeks, to physicians. It was this failure to communicate that led to the chronic over-prescribing of the drug and the multitude of injuries that resulted.

After Judge Moss’ ruling, the bellwether trial process reconvened in Philadelphia with the first trial set to begin in May 2012. It is unknown at this time whether the generics’ petition for appeal will disrupt the upcoming trial settings. If you need more information on this subject, contact Danielle Mason at 800-898-2034 or by email at Danielle.Mason@beasleyallen.com. Danielle has been actively involved in this .



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anthony senteno
Jul 23, 2012 19:16

would like updates on REGLAN court decisins concerning generic claims on lawsuits filed ij calif please keep me informed I’m disabled and since my using REGLAN I don’t think I will be able to even consider paying to get trained for a new career I have started feeling like I’m Android us to my family or myself

anthony senteno
Jul 23, 2012 19:28

I would like to be kept up to date on the generic REGLAN litigation because it really messed up my life it did a number to me hand,togue leg and finger damage but also my walking has become hard to control I was considering a new careerer but if I did god only knows if I could. keep up with it to pay for the training

Catherine Guidoni
Jan 2, 2013 14:34

I would like to be kept up on generic reglan litigation as I have been suffering with jaw spams for the past mant, many years. Have did everything one can think of to try and get it to stop. I am told the only thing is to drill in my brain and cut a nerve. My jaw is constantly in pain from the spams and the problem is I don’t even know that my jaw is moving all the time. It just does it automatically. When I realize that it is doing it, I try and stop it but it just will not obey

betty
Mar 17, 2013 9:43

why cant i get a answer on weather the pantiffs will get to sue reglan

Rob Sedtal
Jan 13, 2014 18:36

Well this is such an up and down subject. All I know is that I have been taking care of my mom for about 5 years. In her case, she took the generic Reglan, Metoclopramide. She started taking it about 2005 to the middle of 2009. Right at about 4 years straight she took it. We left Tennessee to go pick her up in Texas. My sister got sick and couldn’t keep her anymore. So we picked her up and she has been here in TN since. Well, when I first got Mom, she already was showing the clicking teeth thing going on. A little while after she was here, she started biting her tongue and inside of her mouth on both cheeks. I would get her up in the morning and she would have blood all over her mouth where she had been biting herself thru the night. I took her to my family doctor for just a checkup. Well, he seen her clicking and ticks in her face He said that looks like Tartive dyskinesia. He saw what Meds mom was taking. Right there he took her of the Generic form of Reglan. Well I took her to a Neurologist, and then a movement Neurologist Well the Neurologist diagnosed her with Tartive Dyskinesia. Well it’s been like five years now and it’s took her whole body over. It kills me inside to see her in that condition in her golden years. Mom was about 84 when her symptoms started now she’s 89.Her whole body has movement. She can hardly say her words right now. So all I can say, this drug generic or say so Reglan has made her into a whole different person. She is so sad acting. Like I said, it’s been about 5 years that it’s been destroying her body little by little. Shame on the drug companies for not wanting to be responsible for the terrible side affects this drug has caused. I was thinking of the drug companies and their Lawyers who are fighting against all the injured, they need to keep and take care of my mom or others like her just for a week to let them see what they are trying not to be responsible for. There are many thousands where their lives have been taken away from this. I pray they finally see what the drug caused and do right by it. Ok, I’m a firm believer in prayer, so I’m going to say a prayer but first, I don’t want to offend no one with my beliefs. So I will say to them that I wish for good to come to the people and families that are scarred and affected by this terrible drug. Now for all of Gods Believers! Dear lord I’m asking you today to take care of all the people and Families that have this terrible disease that was caused by a drug that was supposed to help them for whatever health problem they were experiencing. I pray oh Lord that all of the financial problems that has developed because of the burden that was placed upon the people and families to be lifted from them. And I’m praying that the big drug companies and their lawyers see all the life’s that has been affected in a negative way from the bad drug called Reglan and the generic brand AKA Metoclopramide. Now last but not least. Oh lord I also pray that all the states where all the Reglan lawsuits have been filed, let the courts realize what’s right and wrong in this Lawsuit and for the Judges to make the right decisions in these cases for the people that’s in terrible shape from taking this bad drug. In Jesus name Amen….

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