Federal Judge Allows Generic Reglan Claims to Proceed

ATLANTA - A Georgia federal judge has denied a drug maker's motion for summary judgment on claims that it failed to warn consumers and doctors of the risks posed by generic Reglan, ruling that a jury could find that the label was inadequate. Swicegood v. Pliva Inc., No. 1:07-1671 (N.D. Ga.).

On March 22, Judge Thomas W. Thrash Jr. of the U.S. District Court for the Northern District of Georgia rejected Pliva Inc.'s learned intermediary and preemption arguments.

In 2005, Susan Swicegood was diagnosed with dyspepsia and gastroesophageal reflux disease. Her physician, Dr. Michael Reese, treated her with metoclopramide, the …