Reglan Claims Not Preempted; Court Lets Brand-Name Manufacturers Out

OKLAHOMA CITY, Okla. - A federal judge has rejected a generic drug manufacturer's attempt to use federal preemption as a basis for having failure-to-warn claims dismissed, but refused to extend the duty to warn to manufacturers of the generic's brand name counterpart. Schrock v. Wyeth Inc., et al., No. 08-453 (W.D. Okla.).

Judge Vicki Miles-LaGrange of the U.S. District Court for the Western District of Oklahoma ruled March 11 that the U.S. Supreme Court's recent decision in Wyeth v. Levine made it clear that it was never Congress' intent to preempt state law prescription drug claims and leave FDA oversight …