Wyeth, Schwartz Ask 10th Circ. To Nix Suit Over Generic Reglan

By Linda Chiem (August 30, 2012, 9:32 PM EDT) -- Wyeth Inc. and Schwarz Pharma Inc. on Wednesday asked the Tenth Circuit to toss for lack of jurisdiction an appeal by an Oklahoma couple who claim the pharmaceutical companies failed to warn the public about serious side effects from generic versions of their brand-name anti-heartburn drug Reglan.

In their brief before the Tenth Circuit, the companies said Susan and Steve Schrock's appeal of an Oklahoma federal court's 2009 decision to grant Wyeth and Schwarz summary judgment is untimely since it comes three years afterward. As such, the appeal should be dismissed for lack of jurisdiction, the brief said.

The Oklahoma federal...

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