A mass tort in California has added another Reglan lawsuit to its ranks when the plaintiff sought to be compensated for injuries relating to the most common side effect linked to the acid reflux drug: tardive dyskinesia (TD). Even though this current plaintiff has not yet been diagnosed with TD, the symptoms she has are consistent with and characteristic of the condition.
This newest lawsuit was filed in the Superior Court in San Francisco County on August 8, 2012. The plaintiff, Tina Reynolds, took Reglan from 2004 to 2008 just as her doctor prescribed it to her. She filed the lawsuit against the brand name manufacturer Wyeth as well as the generic makers of the drug — Pliva, Teva and Actavis.
Researchers have linked long-term Reglan use like Reynolds’ to TD and other conditions many times over. Reglan, in both its generic and brand name versions, has received a black box warning from the FDA if used for periods lasting longer than 12 weeks. The FDA had to eventually insist that the labels be changed to include that Reglan should not be used longer than the 12 weeks, but some doctors still prescribe the drug longer. While TD is not a curable condition, sometimes discontinuing the use of the drug can cause the symptoms to ebb.
Reglan lawsuits have been filed by thousands of people like Reynolds. In fact, so many lawsuits have been filed that Reglan is right up there with Yaz and Yasmin lawsuits in that they are the two largest MDLs in the country. Reynolds’ choice to include brand name and generic defendants in her case may be able to help her better reach a settlement agreement or gain a favorable verdict in her case since the Supreme Court removed generic drug company liability in 2011. This should make it very hard to challenge Reynolds’ case.