Failure-To-Warn Claims Against PLIVA in Metoclopramide Case Not Preempted, 6th Cir. Rules

CINCINNATI — Claims that PLIVA Inc. failed to add to its metoclopramide label a 2004 update to the Reglan label are not federally preempted because it was not impossible for the drug maker to comply with both with federal and state law, a federal appeals court has ruled.

On March 13, the 6th Circuit U.S. Court of Appeals reversed an Ohio federal court’s ruling that the plaintiff’s failure-to-warn claims are preempted.

Eleanor Fulgenzi was prescribed Reglan to treat her gastroesophageal reflux disease and the prescription was filled with the drug’s generic version, metoclopramide. She took the drug for three months …