Mass Torts Update - Written by Beasley Allen on Thursday, February 9, 2012 8:00 - 5 Comments
The following is a requested update on the Reglan litigation in Philadelphia. Even though a state trial judge there has overruled generic drug manufacturers’ preliminary objections seeking dismissal of the claims asserted against them, the viability of the Plaintiffs’ claims are still in question and could be subject to further delay. Recently, generic drug manufacturers involved in the Philadelphia litigation 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’ claims 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 claims 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 claims, 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 Reglan manufacturer, generic or brand, communicated the 2004 label changes, which specifically warned that drug therapy with Reglan/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 litigation.
Leave a Reply
- A Report On A Deadly Chemical Leak At A Site In Texas
- The Role of a Trial Lawyer
- Favorite Bible Verses
- Sandy Hook Families File Wrongful Death Lawsuit
- GM Recalls Vehicles For Headlight Problem
- Daiichi Sankyo Agrees to Pay $39 Million to Settle Whistleblower Lawsuit
- District Court Sanctions Ghostwriting Of Expert Reports
- IIHS List Of Safest Cars Grows Amid Record Recalls In The U.S.
- NHTSA Needs Adequate Resources To Do Its Job
- Former NHTSA Employees Join Takata Air Bag Defect Panel
- BMW Will Replace Airbags Nationwide
- GM Recalls 83,000 SUVs And Trucks For Faulty Ignitions
- GM Gets 108 More Claims For Defective Ignition Switch Compensation
- Koch Brothers Set $889 Million Budget For Lead-Up To 2016
- Whistleblower Wins Supreme Court Ruling
- Pfizer Pays $400 Million To End Shareholder Suit
- Study Author Says Autism Risk Linked To Chemicals
- Multi-State Dog Fighting Ring Ordered To Pay $2 Million Restitution
- sending this in hope for that you receive this and respond . Do I need to fill o...
- I recently saw an episode of BAR on WSFA regarding trying to get the legislature...
- I have a 2004 F150 Lariat crew cab. Driving home from work in 2011 (cold weather...
- In 2005 August 12th my husband commited suicide after being on Lexapro. I notice...
- Anthony Franco, the last part of your paragraph is absolutely not true, the new ...
- I have been searching for something like this ... I have worked 50 to 65 hours p...
- 2005 F150 Supercrew: I have replaced 3 out of 4 and the last regulator is broken...
- i understand that wat has happened but it is also the owner of said vehicle to d...
Recent Settlements - Feb 9, 2012 7:09 - 0 Comments
More In Recent Settlements
- A Further Update On The AWP Litigation
- Firm Reaches Settlement In Fort McClellan Radio Tower Collapse Case
- Firm Reaches Settlement In Sikorsky Helicopter Crash
- The Philadelphia Story
- St. Croix, Virgin Islands Settlement
Product Liability - Feb 9, 2015 14:42 - 0 Comments
More In Product Liability
- Recalls Of Cars Abroad Prompt No Urgency In United States
- FHWA Opens Website For Public Reporting Of Guardrail Flaws
- Lawyers In Our Firm Settle Industrial Machine Design Case
- Aging and Dangerous Tires On Our School Buses
- Toyota Ordered to Pay $11 Million in U.S. Trial Over Fatal Sudden Unintended Acceleration Crash
Recalls Update - Feb 9, 2015 9:36 - 0 Comments
More In Recalls Update
- Johnson Health Tech Recalls Matrix Fitness Strength Training Machines
- Cleaner And Degreaser Recalled For Chemical Hazard
- NPD Furniture Recalls Dining Chairs Due To Fall Hazard
- Children’s Pajamas Recalled By Star Ride Kids
- CoScentrix Expands Recall Of DD Brand Candles