Mass Torts Update - Written by Beasley Allen on Monday, October 7, 2013 9:54 - 1 Comment

Reglan Litigation Update

Reglan battles continue to wage on throughout the country on two fronts – generic Defendants continue to allege that federal law preempted them from strengthening their warning labels and brand name Defendants continue to allege that they cannot be held liable for harm caused by their generic counterparts.  While Reglan cases are filed in multiple venues, many eyes are on the in and state courts, where the majority of Reglan cases are filed.  was the first state to consolidate Reglan cases for discovery management and bellwether trial settings and has so far rejected the Defendants’ attempts to absolve themselves from all liability.

 

In our last Reglan update, which appeared in February of this year, we reported that generic drug manufacturers sought to appeal Judge Sandra Moss’ decision to overrule their objections to the Plaintiffs’ Master Complaint.  This decision effectively dismissed generic Defendants’ arguments that all against them were preempted under the U.S. Supreme Court Mensing decision. On September 7, 2012, brand name defendant Wyeth filed a petition to the Court of , generally arguing that they are also preempted from Plaintiffs’ state law against them because they divested from the Reglan product in 2001, thus rendering it impossible for them to have made any changes to the product labeling after that date.  While this appeal does not bear upon the future ability to raise against generic manufacturers, it can serve as further delay in Reglan proceedings, including the ability to reconvene discovery and reset cases for trial.  For more information about the status of Reglan litigation, contact Danielle Mason, a in our firm’s Mass Torts Section, who has been heavily involved in this , at 800-898-2034 or by email at Danielle.Mason@beasleyallen.com.

 

Source:  Reglan Group, including briefing from the parties and various court orders

 



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Rob Sedtal
Jan 7, 2014 16:57

Well this is such a up and down subject. all’s I know is I have been taking care of my mom for about 5 years. In her case , she took the generic of reglan.Metoclopramide.She started 2007 to the middle of 2009.Right at about 2 and a half years straight she took it. We left TN to go pick her up in Tex. actually that is where I’m originally from. My sister got sick and couldn’t keep her anymore. So we picked her up and she has been here since. Well when I first got her, she already was showing all the clicking teeth thing going on. A little while after she got here, She started biting her tongue and the inside of 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 check up . Well he seen her clicking and ticks in her face He said that looks like Tardive dyskinesia. He seen what Meds she took . right there he took her of the Generic form of Reglan. Well I took her neurologist then a movement neurologist. Well she diagnosed her with Tardive Dyskinesia. Well its been like five years now and its took her whole body over. It kills me inside to see her in that condition in her golden years. 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, its been about 5 years that its been destroying her body little by little. Shame on the drug company’s for not wanting to be responsible for the terrible side effects this drug has caused. I was thinking them who are fighting against the injured needs to keep and take care of my mom just for a week to let them see what they are for all that their lives have been taken away from them. fighting in court for the pharmacy company’s against the many people injured by this drug. I pray they see what the drug caused and do right by it

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