Failure-To-Warn, Design Defect Claims in Metoclopramide Case Preempted, 5th Circuit Affirms

HOUSTON – State law failure-to-warn claims brought against the makers of generic Reglan are preempted because federal law barred the drug makers from enhancing their warnings, the 5th Circuit U.S. Court of Appeals has affirmed.

On May 15, the appellate court also found that the plaintiff’s strict liability design defect claim is preempted because the generic drug makers were federally prohibited from altering the design of their products.

Roy Eckhardt sued Qualitest Pharmaceuticals Inc. and Vintage Pharmaceuticals LLC, alleging that his ingestion of generic Reglan caused him to develop tardive dyskinesia. The drug makers moved to dismiss the complaint pursuant …