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Reglan drug injury

Judges Makes Ruling in Kentucky Reglan Drug Injury Cases

September 28, 2011

Late last week in the U.S. Court of Appeals a circuit judge decided and filed her ruling in a case in which three plaintiffs from Kentucky developed tardive dyskinesia as a result of using Reglan’s generic form metoclopramide. The plaintiffs had alleged that the defendants—both the name brand and generic manufacturers of Reglan—hadn’t adequately warned of the risks of Reglan. They plaintiffs also alleged fraud and tortious misrepresentation.

Circuit Judge Martha Craig Daughtrey ruled on behalf of Wyeth, the makers of Reglan, as well as the manufacturers of the generic brand of Reglan. She dismissed the plaintiffs’ claims against generic Reglan manufacturers “on federal preemption grounds, finding a conflict between their tort claims and the federal regulation of generic drugs.”

Furthermore, the ruling states, “The district court also dismissed the plaintiffs’ action against the name-brand defendants because the plaintiffs did not allege that they had ingested Reglan, a threshold requirement for a products-liability action under Kentucky law.”

The ruling affects two women and one man who now suffer from tardive dyskinesia—the permanent neurological disorder characterized by uncontrollable movements in the face.

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