Claims Against Generic Reglan Maker Not Preempted, Judge Rules

COLUMBIA, S.C. - Claims that generic Reglan caused a South Carolina man to contract tardive dyskinesia are not federally preempted because a question of fact exists as to whether the drug maker, Pliva USA Inc., failed to include certain FDA-approved warnings in its drug labeling, a federal judge has ruled. Fisher v. Pliva USA Inc., No. 4:09-00252 (D. S.C.).

On Sept. 30, Judge Terry L. Wooten of the U.S. District Court for the District of South Carolina also ruled that the learned intermediary doctrine does not bar the plaintiff's claims because it is not certain whether incorporation of these approved …