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

PORTLAND, Ore. - An Oregon federal judge has adopted a magistrate judge's findings that claims brought against the maker of generic Reglan are preempted pursuant to PLIVA v. Mensing because they all fall within the state's product liability act. Phelps v. PLIVA Inc., No. 6:09-6168 (D. Ore.).

On April 24, Chief Judge Ann Aiken of the U.S. District Court for the District of Oregon further ruled that Mensing preempts all warnings-based claims against generic manufacturers.

Betty and Delbert Phelps sued PLIVA USA Inc., alleging that Betty developed tardive dyskinesia after ingesting generic metoclopramide from 2002 to 2009. Following the U.S. …