Name-Brand Drug Makers Had No Duty to Warn of Risks, Judge Rules

GALVESTON, Texas - The makers of Reglan had no duty under Texas law to warn of the risks associated with the drug's generic counterpart, a federal magistrate judge has recommended. Burke v. Wyeth, No. G-09-82 (S.D. Texas).

On Oct. 29, U.S. District Judge Kenneth M. Hoyt of the U.S. District Court for the Southern District of Texas adopted Magistrate Judge John R. Froeschner's recommendation that failure-to-warn claims brought against Wyeth and Schwartz Pharmaceutical Inc. be dismissed.

Sometime in 2006, Virginia Burke's doctor prescribed Reglan (metoclopramide) to treat her heartburn. Her prescription was filled with the generic form of the drug …