Makers of generic Reglan liable for inadequate warning labels
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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People with movement disorders that are inherited or caused by infection or other occurrences, such as Parkinson’s disease, have a bevy of resources available. But for those whose debilitating condition came as a result of medication have little support. The
The medication
Kecia Neal of Arkansas was prescribed
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