8th Cir. Reinstates Design Defect Claims in Generic Reglan Case

MINNEAPOLIS — A federal appeals court has reinstated design defect and breach of implied warranty claims against the makers of generic Reglan in light of the U.S. Supreme Court’s recent decision in Mutual Pharmaceutical Company Inc. v. Bartlett.

In a July 15 opinion, the 8th Circuit U.S. Court of Appeals explained that unlike the non-warning claims in Bartlett, which were brought under New Hampshire law, the claims are governed by Arkansas law, which calls for a different approach in determining preemption.

Joyce Fullington sued Pfizer, Wyeth, Schwarz, PLIVA, Teva Pharmaceuticals USA Inc., Alaven and Mutual Pharmaceutical Company Inc. in the …