High Court Asked To Hear Generic Reglan Design Defect Suit

Law360, New York (March 11, 2013, 4:44 PM EDT) -- A Louisiana woman blaming neurological damage on a generic form of the heartburn medicine Reglan asked the U.S. Supreme Court on Thursday to revive her case, arguing that the Fifth Circuit was wrong to dismiss her design defect claims as failure-to-warn claims under a different name.

Julie Demahy is claiming that neither federal preemption nor the high court's 2011 ruling in Pliva Inc. v. Mensing shields drug manufacturers like Pfizer unit Wyeth LLC, Schwarz Pharma Inc. and Actavis Inc. from liability for design defect claims. The...
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