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

Two more lawsuits have been filed in federal court in New Orleans against the manufacturers of an acid reflux medication that allegedly causes a debilitating involuntary movement disorder known as tardive dyskinesia. Ellen Austin filed a suit against Actavis, Actavis Elizabeth and Watson Pharmaceuticals. Leslie Keeper filed suit against Qualitest Pharmaceuticals. Both lawsuits claim the drug Reglan, also known as the generic metoclopramide, caused them to develop the movement disorder.

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An Atlanta woman is suing Pliva, Inc., makers of the prescription heartburn medication metoclopramide, alleging that the drug company failed to adequately warn physicians of the long-term risks involved with taking metoclopramide. Susan Swicegood says metoclopramide caused her to suffer from a debilitating neurological disorder known as Tardive Dyskinesia, which involves involuntary muscular movements. The lawsuit was filed in the United States District Court, Northern District of Georgia, Atlanta Division, and will be heard by a jury next week.

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Lindsey C. Whitener was seven weeks pregnant with her second child when her physician prescribed Reglan (metoclopramide) to ease her nausea and vomiting from morning sickness. She took it for four weeks. A few months later, Whitener began having problems with her pregnancy and gave birth to her son prematurely at 36 weeks gestation. Her son, Lucas, was born with extensive physical disabilities and medical problems and spent the first six months of his life in the hospital. Doctors said they did not know the cause of Lucas’ birth defects.

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A Louisiana man is suing the manufacturer of the acid reflux medication Reglan (metoclopramide) alleging the medication caused him to develop a debilitating nervous system disorder known as tardive dyskinesia. Isreal Bennett of Jefferson Parish filed the suit against Qualitest Pharmaceuticals on June 11, 2010, in federal court in New Orleans.

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When 57-year-old August Macaluso, a former nuclear-plant maintenance worker in Charlotte, N.C., began shaking violently, blinking incessantly and slurring his speech, he and his wife Sharon were both puzzled. Desperate for answers, Sharon Googled his symptoms and learned that the drug her husband had been taking for just three months was linked to the involuntary movement disorder Tardive Dyskinesia with frighteningly similar symptoms. He stopped taking the drug and after a battery of medical tests, doctors confirmed the Macalusoes’ worst fears. August had suffered permanent damage.

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The U.S. Supreme Court this week asked the Obama administration to comment on whether it believes generic drug companies can be sued over allegations that they inadequately labeled their products. The question arose after an appeals court reinstated a lawsuit by a woman who claimed she developed a severe neurological movement disorder after taking generic versions of the heartburn drug Reglan (metoclopramide). The lawsuit had been previously dismissed by a trial judge.

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Wyeth, Inc. and Schwarz Pharma Inc. have been dismissed from a lawsuit filed in Texas involving the drug company’s Reglan (metoclopramide), a medicine used to treat gastrointestinal conditions. The lawsuit alleged that the drug caused the plaintiff to develop a severe movement disorder known as Tardive Dyskinesia. However, the case will proceed against Activis-Elizabeth, L.L.C., makers of a generic version of metoclopramide that the plaintiff was taking.

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A New Jersey judge is calling for a statewide consolidation of all lawsuits filed against the makers of the heartburn medication Reglan that involve claims that the drug caused a serious and debilitating movement disorder known as Tardive Dyskinesia. Judge Eugene J. Codey, Jr., of the Essex County Superior Court, filed the request arguing that the New Jersey court system could better handle the mounting number of lawsuits if they were all centralized in one court. The primary defendant in the lawsuits, Wyeth Pharmaceuticals, is headquartered in New Jersey.

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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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Elizabeth Conte was prescribed Reglan, a brand-name of metoclopramide used to treat gastrointestinal conditions such as heartburn, GERD and gastroparesis. For four years she took the medication, unaware that she was slowly developing a debilitating and incurable movement disorder known as Tardive Dyskinesia. What she soon found out is that her involuntary head jerks and facial twitches were caused by long-term use of metoclopramide.

More and more cases of consumers taking metoclopramide and subsequently developing Tardive Dyskinesia were reported to the Food and Drug Administration (FDA), and by early 2009, the agency had ordered a black box warning be placed on the medication. New warnings and precautions were written into the drug’s packaging that included an up to 20 percent risk of patients developing Tardive Dyskinesia during long-term use of the medication.

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