Justices Won't Hear Design Defect Suit Over Generic Reglan

Law360, New York (October 7, 2013, 5:43 PM EDT) -- The U.S. Supreme Court on Monday rejected a Louisiana woman’s bid to revive her suit alleging that a generic version of heartburn drug Reglan caused her neurological damage, letting stand a Fifth Circuit decision equating design defect and failure-to-warn claims for preemption purposes.

The petition denied by the high court was brought by Louisiana resident Julie Demahy, who argues that her use of generic Reglan caused her to develop tardive dyskinesia, a condition characterized by involuntary movement of body parts.

Demahy's March brief urged the Supreme...
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