Mention of Drug on Plaintiff's Records Insufficient to Create Fact Issue

DALLAS - Ambiguous notations in a plaintiff's medical file that she said proved she ingested brand name Reglan and ultimately suffered an injury are not sufficient to rebut evidence in prescription records revealing she only ever took a generic version of the drug, a judge has ruled. Cousins v. Wyeth Pharmaceutical Inc., et al., No. 08-310 (N.D. Texas).

Awarding summary judgment to Schwarz Pharma Inc., Judge David C. Godbey of the U.S. District Court for the Northern District of Texas said March 10 that without product identification evidence the Reglan manufacturer could not have had a duty to prevent plaintiff …