Federal Judge Refuses to Extend Duty to Brand Name Reglan Manufacturer

MINNEAPOLIS - A judge in Minnesota has held that state law does not permit an individual allegedly injured by a generic drug to pursue negligent misrepresentation claims against companies that manufactured the brand-name counterpart. Mensing v. Wyeth Inc., et al., No. 07-3919 (D. Minn.).

The Oct. 27 ruling by Judge Donovan W. Frank dismisses claims brought against Reglan manufacturers Wyeth and Schwarz Pharma Inc. for their role in manufacturing and distributing brand name Reglan, which plaintiff Gladys Mensing admitted she never ingested prior to developing tardive dyskinesia.

Mensing claimed that the generic Reglan manufacturers failed to adequately warn her …