Claims in Metoclopramide Injury Suit Preempted, Federal Judge Rules

KANSAS CITY, Mo. - A Missouri federal judge has granted PLIVA Inc. judgment on the pleadings in a generic Reglan injury case, ruling that all of the plaintiff’s claims are grounded in failure to warn and therefore federally preempted pursuant to PLIVA v. Mensing. Brinkley v. PLIVA Inc., No. 10-0274 (W.D. Mo.).

On April 12, Senior District Judge Scott O. Wright of the U.S. District Court for the Western District of Missouri ruled that the plaintiff’s claims all hinge on her allegation that PLIVA failed to warn her of the risks associated with metoclopramide, therefore her claims are preempted under …