Judge Says Reglan Plaintiff Can't Sue for Excessive Prescription

PADUCAH, Ky. - A woman allegedly injured by the heartburn drug Reglan cannot sue her pharmacist for failing to warn of risks associated with the drug, even where the plaintiff alleged that it was being prescribed in amounts contrary to those recommended dosages, a federal judge has ruled. Smith v. Wyeth Inc., et al., No. 07-18 (W.D. Ky.).

Judge Thomas B. Russell of the U.S. District Court for the Western District of Kentucky ruled May 11 that plaintiff Layla Smith's allegations of filling prescriptions in excess of recommended doses, along with claims that the pharmacy should have known that Smith's …