4th Circ. Tosses Generic-Drug Injury Appeal Against Pliva

By David McAfee (January 28, 2014, 9:55 PM EST) -- The Fourth Circuit on Tuesday affirmed a lower court's dismissal of claims brought against drugmaker Pliva Inc. for alleged injuries from using a generic version of the heartburn drug Reglan, holding that the district court didn't abuse its discretion when denying the plaintiff leave to amend.

The three-judge appellate panel ruled that named plaintiff Arthur L. Drager, pursuing the appeal on behalf of now-deceased metoclopramide user Shirley Gross, couldn't reverse a district court's decisions in favor of Pliva. The appeals court rejected Drager's argument that the lower court's denial of leave to amend was unlawful because the proposed amendments would have...

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