STORY FROM: Drugs & Medical Devices

10-Year Statute of Repose Bars Reglan/Metoclopramide Action, Neb. Federal Judge Rules

OMAHA, Neb. — Nebraska’s 10-year statute of repose bars a product liability lawsuit filed against the makers of Reglan and its generic equivalent because the record lacks evidence that the drug makers concealed research linking the drugs to a movement disorder, a federal judge has ruled.

On Aug. 19, Chief Judge Laurie S. Camp of the U.S. District Court for the District of Nebraska further held that the passage of the 10-year period following the plaintiff’s first Reglan/metoclopramide prescription in 1988 vested the defendants with a substantive right under § 25-224(2) as it existed prior to 2001, and as such, ...

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