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

The U.S. Fifth Circuit Court of Appeals has found in favor with a lower court that patients may sue generic drug makers under state law for failing to provide adequate warnings about potential side effects with their drugs. The ruling extends a 2009 U.S. Supreme Court ruling governing makers of name-brand drugs. The issue of whether generic drug companies should be held liable for not adequately warning consumers has divided several district courts, which can increase the odds of a Supreme Court review in the future, according to U.S. Circuit Judge Patrick Higginbotham.

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Makers of generic drugs who do not adequately label their products to warn consumers of possible risks are not exempt from liability, according to a ruling by the U.S. Court of Appeals for the Eighth Circuit. The court ruled on a product liability lawsuit brought by Gladys Mensing, who was prescribed metoclopramide to treat diabetic gastroparesis, a debilitating condition in which the stomach empties too slowly. Following use of the medication, Mensing developed a serious movement disorder known as Tardive Dyskinesia. Research has shown that the condition can be caused by long-term use of metoclopramide. Mensing sued several makers of generic metoclopramide, known by the brand name Reglan, for not adequately warning consumers of the risk of developing the movement disorder.

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Kecia Neal of Arkansas was prescribed Reglan in 2005 to help her overcome a medical condition that involved the paralysis of stomach muscles. What she didn’t expect is for the medication to make her even sicker.

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A Missouri woman is seeking more than $600,000 in damages from the makers of Reglan (metoclopramide) for not adequately warning her of the risk of a serious, permanent, disabling neurological condition known as Tardive Dyskinesia.

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