Supreme Court Ruling May Trump Pliva v. Mensing Decision
The landmark ruling was handed down by the Alabama Supreme Court on January 11, and may permit plaintiffs to sidestep a recent U.S. Supreme Court decision in Pliva v. Mensing, which determined that makers of generic drugs could not be held liable for failure to warn about possible side effects of their medications, since generics are required by law to duplicate the label found on brand-name equivalents. Despite the fact that hundreds of generic drug lawsuits have been dismissed nationwide in recent years, this court decision will allow a Reglan lawsuit filed against Wyeth in Alabama to move forward, with allegations that the manufacturer of the brand-name drug had a duty to warn medical professionals about the risks linked to long-term use of the generic acid reflux drug.
Reglan and Potential Tardive Dyskinesia Side Effects
The generic Reglan lawsuit was filed by Danny Weeks and his wife Vicki, who claimed that side effects of the active ingredient metoclopramide caused Danny Weeks to develop a rare and debilitating movement disorder known as tardive dyskinesia. In February 2009, the FDA required makers of all metoclopramide-containing medications to update the warning label to include the increased risk of tardive dyskinesia with high doses or long-term use. Symptoms of tardive dyskinesia include involuntary chewing, grimacing, rapid eye movements, smacking of lips and impaired finger movements. There is no known effective treatment for the debilitating disorder, and the involuntary movements can be irreversible, persisting even after the patient stops using the drug.
A Qualified Product Liability Attorney Can Help
Although Wyeth did not make the generic Reglan drug used by Weeks, federal law required the generic drug manufacturer to duplicate Wyeth’s Reglan warning label, which Weeks claims failed to adequately warn about the risk of tardive dyskinesia side effects. If you have developed tardive dyskinesia or another serious side effect that you believe to be associated with a pharmaceutical drug like Reglan, don’t hesitate to protect your legal rights. Contact a knowledgeable product liability lawyer in your area to discuss your legal options and determine whether you may be eligible for financial compensation for your injuries and medical expenses.