4th Circ. Questions Basis For Generic-Drug Injury Appeal

Law360, New York (December 16, 2013, 9:39 PM EST) -- Fourth Circuit judges on Thursday repeatedly interrupted an attorney's argument that failure-to-warn claims against Pliva Inc. aren't preempted by a landmark U.S. Supreme Court generic-drug liability ruling, questioning whether his client had the procedural grounding to make the appeal.

According to attorney Louis Bograd, the decision in Pliva v. Mensing does not bar allegations that Pliva failed to warn Shirley Gross, a now-deceased user of the heartburn drug metoclopramide, that the medication could cause the involuntary movement disorder tardive dyskinesia.

The Supreme Court held in Mensing...
To view the full article, register now.



Case Information

Case Title

Arthur Drager v. PLIVA USA

Case Number



Appellate - 4th Circuit

Nature of Suit

4365 Personal Injury-Product Liability

Date Filed

February 29, 2012

Law Firms


Government Agencies

Law360 Pro Say Podcast
Check out Law360's new podcast, Pro Say, which offers a weekly recap of both the biggest stories and hidden gems from the world of law.