Miss. Judge Allows Misrepresentation Claim to Proceed Against Brand Defendants in Generics Case

JACKSON, Miss. — A Mississippi federal judge has denied the makers of Reglan summary judgment on a misrepresentation claim, finding an issue of fact as to whether they could reasonably foresee that their alleged failure to omit certain warnings from their label would injure a patient who only ingested the drug’s generic equivalent.

On March 27, Judge David Bramlette of the U.S. District Court for the Southern District of Mississippi explained that Mississippi law allowed for a duty to warn without a direct relationship between the plaintiff and defendant.

Annie Chatman sued the makers of Reglan and its generic equivalent, …