Learned Intermediary Doctrine Defeats Metoclopramide Failure-To-Warn Claims, Judge Rules

PINE BLUFF, Ark. - Claims that a metoclopramide manufacturer failed to update its label to incorporate a 2004 Reglan label change are federally preempted by PLIVA v. Mensing pursuant to the learned intermediary doctrine, an Arkansas federal judge has ruled. Bell v. PLIVA Inc., No. 5:10-101 (E.D. Ark.).

In a Feb. 16 order, Judge Brian S. Miller of the U.S. District Court for the Eastern District of Arkansas explained that doctors rely on the warnings and usage indications provided by the brand name manufacturer and only the brand name manufacturer can modify the information provided to physicians.

Shirley Bell sued …