Branded, Generic Cos.' Reglan Win Stands In Appeals Court
By Greg Ryan (April 25, 2013, 8:13 PM EDT) -- An Iowa appeals court affirmed Wednesday that a user of generic Reglan can hold neither brand-name nor generic manufacturers of the digestion drug liable for her involuntary movement disorder, pointing to the U.S. Supreme Court's landmark Mensing ruling.
A three-judge panel found that a lower court was right to find that Theresa Huck's claims against Pliva Inc., the maker of the metoclopramide, fail under the Mensing decision, which held that state law failure-to-warn claims against generics makers are preempted by federal law, since the companies cannot stray from the brand-name maker's warning label.
Huck claimed she developed tardive dyskinesia after taking...
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