Federal Judge Denies Generic Reglan Makers Summary Judgment

BURLINGTON, Vt. - A Vermont federal judge has denied a group of generic manufacturer defendants summary judgment in a Reglan injury case, ruling that the claims are not preempted by the Federal Food Drug and Cosmetic Act because they do not interfere with FDA regulations. Kellogg v. Wyeth, No. 07-82 (D. Vt.).

In a Dec. 17 order, Chief Judge William K. Sessions III of the U.S. District Court for the District of Vermont ruled that a state common law duty to warn of known risks does not impede the federal regulatory duty to revise a drug label when its manufacturer …