Drug Makers Failed to Prove Impossibility in Generic Reglan Case, Judge Rules

CHARLOTTE, N.C. - A North Carolina federal judge has refused to dismiss failure-to-warn claims against the makers of generic Reglan, ruling that the drug makers must provide proof that their package inserts matched those of Reglan throughout the period that the plaintiff took their drugs. Couick v. Wyeth Inc., No. 3:09-210 (W.D. N.C.).

On Jan. 11, Chief Judge Robert J. Conrad Jr. of the U.S. District Court for the Western District of North Carolina held that without this evidence, the drug makers cannot prove that it was impossible for them to comply with both their state-law duty to change the …