Beasley, Allen, Crow, Methvin, Portis & Miles, P.C.

Time is running out for people who suspect they have experienced serious side effects from the heartburn drug Reglan (metoclopramide) to file a lawsuit seeking compensation for damages. The Food and Drug Administration (FDA) issued a black box warning on the drug on February 26, 2009. Most states have a two-year statute of limitations on personal injury and wrongful death lawsuits, which in the case of Reglan would begin when the black box warning was issued. The statute of limitations in other states ranges from one to six years.

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Last March, the U.S. Supreme Court upheld a $6.7 million ruling stating that federal law cannot protect pharmaceutical companies from liability lawsuits that are filed in state court, meaning drug companies are responsible for damages created by products even when the FDA has approved drug labels that include warnings of side effects. That ruling is based on a lawsuit involving Wyeth Pharmaceutical drug Phenergan. As a result of the ruling, numerous lawsuits against pharmaceutical companies that had been lying dormant are finally beginning to move toward trial, according to Bloomberg.

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