5th Cir. Upholds Award of Summary Judgment to Drug Makers in Metoclopramide Birth Defect Action

NEW ORLEANS — The drug maker defendants in a metoclopramide birth defect lawsuit are entitled to summary judgment because the plaintiffs failed to show that any alleged off-label promotion of the drug influenced their prescribing doctor, a federal appeals court has affirmed.

In an April 9 opinion, the 5th Circuit U.S. Court of Appeals found that, according to the doctor’s own testimony, his prescribing decisions were driven solely by his “clinical judgment” and “experience.”

Lindsey Whitener's son was born prematurely and with birth defects after Dr. John McCrossen prescribed metoclopramide to treat the nausea and morning sickness she experienced while …