Non-Failure-To-Warn Claims in Generic Reglan Case Survive Preemption in Pennsylvania

PHILADELPHIA — A blanket dismissal of all claims brought against the makers of generic Reglan is unwarranted, a Pennsylvania appellate court has affirmed, finding the claims are not all based on failure to warn and are therefore not federally preempted.

On July 29, the Pennsylvania Superior Court further held that some of the plaintiffs’ design defect claims may be preempted pursuant to Mutual Pharmaceutical Co. v. Bartlett, but without an analysis of the applicable state law, preemption would be premature.

PLIVA Inc. and Teva Pharmaceutical USA Inc. appealed the Philadelphia County Court of Common Pleas’ denial of their preliminary objections …