Learned Intermediary Bars Generic Reglan Claims, 5th Circuit Affirms

NEW ORLEANS - The learned intermediary doctrine bars a Texas woman's claims that Pliva Inc. failed to properly warn doctors that its generic Reglan could cause tardive dyskinesia, the 5th Circuit U.S. Court of Appeals has affirmed. Pustejovsky v. Pliva Inc., No. 09-10983 (5th Cir.).

The appellate court ruled Oct. 8 that plaintiff failed to present summary judgment evidence that her doctor's significant misunderstanding of the risks of metoclopramide resulted from the drug maker's defective warnings.

Martha Pustejovsky was hospitalized in January 2002 for an episode of severe gastric problems and was diagnosed as having gastroesophageal reflux disease. Upon discharge, …