6th Circuit Upholds Dismissal of Suit Against Generic Reglan Manufacturers

CINCINNATI - Failure-to-warn claims brought against the makers of generic Reglan are preempted by federal law, a federal appeals court has affirmed, citing the recent high court ruling in Pliva Inc. v. Mensing. Smith, et al. v. Wyeth Inc., Nos. 09-5460, 09-5466, 09-5509 (6th Cir.).

On Sept. 22, the 6th Circuit U.S. Court of Appeals further upheld the dismissal of claims brought against the Reglan makers, ruling that they are barred by the fact that the plaintiffs did not take the name-brand drug.

Lala Smith, Alice Wilson and Dennis Morris all said that their use of metoclopramide (generic Reglan) caused …