Before the Supreme Court entered a ruling on the liability of generic drug makers in Mensing v. Pliva, many patients had filed Reglan lawsuits against generic drug manufacturers after they developed tardive dyskinesia from taking the acid reflux drug. After the Supreme Court’s ruling, some of those lawsuits have been dismissed. One of the most recent cases to be dismissed was filed by Joshua A. Whitener and his wife.
Whitener and his wife, Lindsey C. Whitener, originally brought a Reglan lawsuit against manufacturer Pliva Inc., the makers of the generic Reglan (metoclopramide). Among other side effects listed in the case, Joshua Whitener has suffered from tardive dyskinesia. The Whiteners accuse Pliva and other manufacturing companies of not properly warning them or healthcare professionals of the side effects linked to Reglan.
Judge Eldon Fallon of the U.S. District Court for the Eastern District of Louisiana issued a ruling in the Whitener’s case on December 6, stating that their lawsuit is “federally preempted because the generic versions of Reglan must follow exactly the warning labels of the brand-name drug.” However, the judge did leave the case in such a way as to allow for the Whiteners to make amendments to their case so that they can show that the manufacturers promoted or marketed the drug for use in off label ways. This, the judge said, would be a federal violation.
This recent dismissal is not the first case that has been forced to be dismissed after the Supreme Court’s ruling and it may not be the last. However, it should be known that not all generic Reglan lawsuits are ruled upon in this manner since not everyone shared the Supreme Court’s opinion on the liability of generic drug manufacturers. If you have filed a generic Reglan lawsuit, or are considering it, these recent dismissals should not deter you in your efforts to get compensation for your injuries because each case is different and each judge presiding over them is different as well.