Fla. Law Bars Negligent Design Claim Against Reglan Makers, 11th Cir. Rules

TAMPA, Fla. — A negligent design claim brought against the makers of Reglan is barred because the plaintiff only ingested the drug’s generic counterpart, the 11th Circuit U.S. Court of Appeals has affirmed.

In an Aug. 1 ruling, the appellate court noted that Florida law does not recognize claims against brand name drug makers where the plaintiff is known to have taken only the generic version.

Barbara Metz sued Wyeth LLC, Schwarz Pharma Inc. and Actavis Elizabeth LLC d/b/a Purepac Pharmaceuticals in the U.S. District Court for the Middle District of Florida, alleging injuries caused by metoclopramide, marketed by Wyeth …