Reglan Makers Had No Duty to Plaintiff, Texas Federal Judge Rules
September 5, 2012
DOCUMENTS
- Order
BROWNSVILLE, Texas — A Texas federal judge has dismissed failure-to-warn claims brought against brand name Reglan manufacturers, ruling that because these defendants did not manufacture the drugs ingested by the plaintiff, they have no legally cognizable duty under Texas product liability law.
On Aug. 30, Judge Hilda G. Tagle of the U.S. District Court for the Southern District of Texas also dismissed the claims against a generic metoclopramide maker, finding they are preempted under PLIVA Inc. v. Mensing.
Elidia Phares' doctor prescribed her Reglan to treat her gastritis. She regularly ingested a 10-milligram dosage of the drug three to four …
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