STORY FROM: Drugs & Medical Devices

Learned Intermediary Doctrine Defeats Warning Claims in Generic Reglan Action, Ohio Judge Rules

CINCINNATI — Failure-to-warn claims accusing PLIVA Inc. of failing to add a 2004 update to its generic Reglan warnings are defeated by the learned intermediary doctrine because the plaintiff’s prescribing doctors testified that they did not read or rely upon the allegedly inadequate warnings.

In an Oct. 23 order, Judge Sara Lioli of the U.S. District Court for the Northern District of Ohio concluded that the plaintiff failed to show that PLIVA’s failure to incorporate the update proximately caused her to develop tardive dyskinesia (TD).

Eleanor Fulgenzi was prescribed Reglan to treat her gastroesophageal reflux disease and the prescription ...

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