Failure-To-Update Claims Against Generic Reglan Makers Not Preempted, Mo. Appeals Court Rules

ST. LOUIS — A Missouri appeals court has reversed dismissal of failure-to-warn claims brought against the makers of generic Reglan (metoclopramide) in two cases, finding the claims are not federally preempted to the extent that they accuse the drug makers of failing to update a heightened warning to Reglan’s label in 2004.

In two Aug. 26 opinions, the Missouri Court of Appeals, Eastern District also reversed dismissal of negligence and product liability claims brought against companies that disseminated information about metoclopramide, finding an issue of fact exists as to when the plaintiffs were first aware of the cause of …