Claims Against Generic Reglan Maker Preempted, Fla. Federal Judge Rules
April 3, 2012
DOCUMENTS
- Order
TAMPA, Fla. - Negligence, strict liability and fraud claims brought against a maker of generic Reglan are preempted by federal law because they arise from the drug maker's alleged failure to warn of a 2004 Reglan label change, a Florida federal judge has ruled. Metz v. Actavis Elizabeth LLC d/b/a Purepac Pharmaceuticals, No. 8:10-2658 (M.D. Fla.).
Judge James D. Whittemore of the U.S. District Court for the Middle District of Tampa further held that the breach of warranty claim is barred by the learned intermediary doctrine.
Barbara and Donald Metz sued Actavis Elizabeth LLC d/b/a Purepac Pharmaceuticals for injuries arising …
UPCOMING CONFERENCES
HarrisMartin's MDL Conference: Video Game Addiction and the Latest Mass Tort Updates
May 29, 2024 - Salt Lake City, UT
The Grand America Hotel
HarrisMartin's Mass Tort Settlements Conference - Sponsored by Milestone
June 27, 2024 - Buffalo, NY
The Richardson Hotel Buffalo