Failure-To-Warn Claims Reinstated Against Pliva

RENO, Nev. - A Nevada federal judge has reinstated failure-to-warn claims brought against the maker of generic Reglan in light of the 9th Circuit U.S. Court of Appeal's recent ruling that generic manufacturers must issue a warning "as soon as there is reasonable evidence of an association of a serious hazard with a drug." Moretti v. Pliva Inc., et al., No. 08-396 (D. Nev.).

On June 27, Judge James C. Mahan of the U.S. District Court for the District of Nevada ruled that the plaintiff sufficiently alleged that Pliva Inc. knew of recently discovered risks associated with metoclopramide, yet made …