Philadelphia Judge Rules In Favor Of Reglan Victims
November 22, 2011
In a big win for victims suffering the side effects from use of the drug Reglan, a Philadelphia, Pennsylvania, judge denied motions by lawyers for generic drug makers to dismiss claims against the companies in roughly 2,000 lawsuits. According to The Legal Intelligencer, the dismissals were requested based on the recent Supreme Court ruling in the case of Pliva v. Mensing.
The Pliva v. Mensing case ruled in a 5-4 decision that generic drug manufacturers are required to use the same warning labels as their name brand counterparts. This essentially exempts them from being sued if the drug causes harm to the patient. After all, it was the name brands label, and not the generic drug company’s choice of words. Lawyers for Teva contended that it is a change only Congress can make to the current laws.
Judge Moss disagreed, and will allow the cases to continue moving forward, saying that the defendants failed to met the “heavy burden of proof” that the company’s hands were tied in regards to the warning labels. It was pointed out by plaintiffs that the only thing generic companies cannot do is change the wording on the labels; they still could have published warnings in Physician’s Desk References and sent warning letters to doctor’s offices.
Other states, such as Alabama, South Carolina, Iowa, Nevada and Vermont, have issued similar rulings in Reglan Mass Tort cases.
The Reglan Drug Injury Lawyers with Hughes & Coleman know that the Supreme Court decision will not protect pharmaceutical manufacturers from their duty to produce safe drugs and to warn the public of the dangers certain drugs may pose.