STORY FROM: Drugs & Medical Devices
Claims Against Generic Reglan Maker Preempted, Fla. Federal Judge Rules
April 3, 2012
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 ...