Monday, January 11, 2010
Fifth Circuit Ct of Appeals rejects preemption argument in generic drug case
The U.S. Court of Appeals for the Firth Circuit has rejected the argument by a generic drug maker that federal law preempts a state-law failure-to-warn claim filed by a user of their generic Reglan. The appeal involved a product liability lawsuit against Actavis, Inc., which marketed a generic version of the brand name drug Reglan for treatment of gastrointestinal disorders. The plaintiff claimed that side effects of generic Reglan caused her to develop tardive dyskinesia, which is a neurological condition that causes involuntary movements of the lower face and extremities. A number of similar generic Reglan tardive dyskinesia lawsuitshave been filed in courts throughout the United States. Go here for the full story.