Learned Intermediary Doctrine Bars Failure-To-Update Claims Against Generic Reglan Maker, 8th Cir. Rules

ST. LOUIS — Claims that PLIVA Inc. failed to update its generic Reglan label by incorporating changes made to the warnings on the brand name label are barred by the learned intermediary doctrine because the plaintiff’s doctor relied exclusively on the brand name drug’s warnings in prescribing the drug, a federal appeals court has ruled.

In a Dec. 2 opinion, the 8th Circuit U.S. Court of Appeals further ruled that the plaintiff’s claims of design defect and breach of implied warranty claims are preempted because PLIVA is barred by federal law from redesigning its product, changing its labeling, or leaving …