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Generic Reglan Penn. Update

Generic Reglan/Metoclopramide cases filed in state court in Pennsylvania continue to sit in the legal limbo the U.S. Supreme Court’s PLIVA v. Mensing decision of 2011 placed them in  when the court voted 5-4 to essentially give generic drug makers a free liability pass.

A panel of three Penn. Superior Court judges met in November to hear oral arguments regarding the fate of more than 2,300 Philadelphia Court of Common Pleas cases in which plaintiffs allege that generic versions of metoclopramide (brand name: Reglan) caused them to suffer tardive dyskinesia, an incurable neurological disease. The judges heard arguments from the brand-name maker, Wyeth (Morton Grove); the generic drug makers; and a Penn. lawyer who represented all the plaintiffs.

Judge Mary Jane Bowes asked whether, if all brand-name manufacturers withdrew from the market and left only generic drugs available, would that mean “plaintiffs who are injured can sue no one”?

Defense argued that Mensing protects them from any and all liability and only Congress can fix the conundrum left in the wake of the U.S. Supreme Court’s Mensing decision.

The lawyer representing all the plaintiffs, Howard Bashman, said that Mensing did not pre-empt two types of failure-to-warn claims: failing to update labeling and failing to communicate the actual label to prescribers.

2 Comments

  • Rob Power of Attorney for Mom Edna says:

    To Me

    Jan 10 at 3:57 PM

    Well this is such an up and down subject. All I know is that I have been taking care of my mom for about 5 years. In her case, she took the generic Reglan, Metoclopramide. She started taking it about 2005 to the middle of 2009. Right at about 4 years straight she took it. We left Tennessee to go pick her up in Texas. My sister got sick and couldn’t keep her anymore. So we picked her up and she has been here in TN since. Well, when I first got Mom, she already was showing the clicking teeth thing going on. A little while after she was here, she started biting her tongue and inside of her mouth on both cheeks. I would get her up in the morning and she would have blood all over her mouth where she had been biting herself thru the night. I took her to my family doctor for just a checkup. Well, he seen her clicking and ticks in her face He said that looks like Tardive dyskinesia. He saw what Meds mom was taking. Right there he took her of the Generic form of Reglan. Well I took her to a Neurologist, and then a movement Neurologist Well the Neurologist diagnosed her with Tartive Dyskinesia. Well it’s been like five years now and it’s took her whole body over. It kills me inside to see her in that condition in her golden years. Mom was about 84 when her symptoms started now she’s 89.Her whole body has movement. She can hardly say her words right now. So all I can say, this drug generic or say so Reglan has made her into a whole different person. She is so sad acting. Like I said, it’s been about 5 years that it’s been destroying her body little by little. Shame on the drug companies for not wanting to be responsible for the terrible side affects this drug has caused. I was thinking of the drug companies and their Lawyers who are fighting against all the injured, they need to keep and take care of my mom or others like her just for a week to let them see what they are trying not to be responsible for. There are many thousands where their lives have been taken away from this. I pray they finally see what the drug caused and do right by it. Ok, I’m a firm believer in prayer, so I’m going to say a prayer but first, I don’t want to offend no one with my beliefs. So I will say to them that I wish for good to come to the people and families that are scarred and affected by this terrible drug. Now for all of Gods Believers! Dear lord I’m asking you today to take care of all the people and Families that have this terrible disease that was caused by a drug that was supposed to help them for whatever health problem they were experiencing. I pray oh Lord that all of the financial problems that has developed because of the burden that was placed upon the people and families to be lifted from them. And I’m praying that the big drug companies and their lawyers see all the life’s that has been affected in a negative way from the bad drug called Reglan and the generic brand AKA Metoclopramide. Now last but not least. Oh lord I also pray that all the states where all the Reglan lawsuits have been filed, let the courts realize what’s right and wrong in this Lawsuit and for the Judges to make the right decisions in these cases for the people that’s in terrible shape from taking this bad drug. In Jesus name Amen….

  • Richard says:

    Dear Rob,

    Thank you for your post. I have seen many people terribly hurt by Reglan, and further hurt by the Supreme Court’s awful and inhuman 5-4 decisions in the Mensing and Bartlett cases which continue to affect your mom and many others. I am so sorry to hear about your mother. My own is 80, and I know how tough it can be just to see her slowed down by age, much less hurt by bad drugs she wasn’t properly warned about, hurt by drug companies now protected by the extreme Supreme Court five.

    I, too, believe in prayer, and I pray your mother finds peace and the high court finds its humanity. We continue to fight for these cases which the Supreme Court has made so difficult.

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