8th Circuit Reverses Dismissal of Non-Warning Claims in Metoclopramide Case

MINNEAPOLIS — A federal appeals court has reversed a lower court’s dismissal of a plaintiff’s design defect and breach of implied warranty claims in a metoclopramide injury case and remanded them for further consideration of whether they are federally preempted.

However, in a June 14 opinion, the 8th Circuit U.S. Court of Appeals upheld the trial court’s dismissal of the plaintiff’s failure-to-warn claims, finding they are federally preempted pursuant to PLIVA Inc. v. Mensing. The appellate court also upheld the lower court’s grant of summary judgment to the brand name manufacturer defendants because the plaintiff admitted she did not ingest …