Failure-To-Warn Claims Brought in Metoclopramide Case Preempted, Judge Rules

TAMPA, Fla. - Failure-to-warn claims brought against the maker of generic Reglan are federally preempted pursuant to the U.S. Supreme Court's recent ruling in Pliva v. Mensing, a Florida federal judge has ruled. Metz v. Wyeth LLC, et al., No. 10-2658 (M.D. Fla.).

On Oct. 20, Judge James D. Whittemore of the U.S. District Court for the Middle District of Florida further ruled that the claims which do not fall within the scope of Mensing are not supported by the factual allegations. He granted the plaintiffs an opportunity to file an amended complaint within 14 days of this ruling.

Barbara …