Claims Against Generic Reglan Maker Preempted, Minn. Federal Judge Rules

MINNEAPOLIS - A Minnesota federal judge has granted Teva Pharmaceuticals USA Inc. judgment on the pleadings in a metoclopramide injury case, ruling that all of the plaintiff's claims are based on the drug maker's alleged failure to warn and therefore preempted by federal law. Bowman v. Teva Pharmaceuticals USA Inc., No. 10-1946 (D. Minn.).

On March 2, Judge Joan N. Ericksen of the U.S. District Court for the District of Minnesota further ruled that plaintiff's claims are indistinguishable from those deemed preempted by the U.S. Supreme Court in PLIVA v. Mensing (131 S. Ct. 2567 [2011]).

Bobby T. Bowman sued …