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

PHOENIX, ARIZONA – Ron, a musician and artist, was having trouble sleeping. His legs would move involuntarily back and forth under the sheets. At first, both Ron and his doctors thought he suffered from restless leg syndrome. But after a battery of tests conducted by neurologists, and a review of his medical history and medications, doctors determined that Ron suffered from a Parkinson’s-like condition known as Tardive Dyskinesia. They say it was caused by the heartburn medication Reglan.

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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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Things were bad enough for Melissa.* She suffers from a gastrointestinal disorder that has compromised her lifestyle. But nothing prepared her for the problems she would have from the medication used to treat her condition. “I was just diagnosed with essential tremors from Reglan (metoclopramide),” she posted on the Inspire community billboard. “Great … another thing to deal with.”

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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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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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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 National Empowerment Center, an organization dedicated to those with mental illness, is raising awareness and educating the public about such conditions in hopes to change that trend.

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