Judge Refuses to Dismiss State Law Reglan Injury Claims

NEW ORLEANS - State law failure-to-warn claims may proceed against the makers of Reglan and/or metoclopramide because they were sufficiently pled under Federal Rule of Civil Procedure 8(a)(2), a Louisiana federal judge has ruled. Waguespack v. Plivia USA Inc., et al., No. 10-692 (E.D. La.).

In a May 24 order, Judge Mary Ann Lemmon of the U.S. District Court for the Eastern District of Louisiana further ruled, however, that claims that extend beyond the Louisiana Product Liability Act are barred because the act provides the exclusive theories of liability for drug makers for damage caused by their products.

Jules Waguespack …