Thursday, February 24, 2011

Important Reglan Lawsuit Advice

Here is some important news regarding the Reglan Lawsuit: time is limited, you have to act soon! If you are having any thoughts at all about filing a Reglan lawsuit then you should know that there is a statue of limitations on the case that tells you how long you have to file a lawsuit. Without an experienced lawyer on your side, you might not file the case in time, and lose your chance to have your voice heard in court.
The Start Date
February 2009 was the first important date in the Reglan trials. During this month, the FDA announced that they were making it mandatory for Reglan and metoclopramide to display a “black box” warning on their packaging. This warning makes the side effects of the drug very clear. That was 2 years ago.
Now, two years later, states such as New Jersey, Texas, and California, are seeing over 70 Reglan lawsuits. However, the statue of limitations on filing a lawsuit against Reglan in these states is only 2 years. So is it too late to file a lawsuit?
Taking Everything Into Account
If you still haven’t filed a lawsuit against the makers of Reglan, it might not be too late, but you have to act soon. The statue of limitations doesn’t begin until you, the victim, realizes that something is wrong. That means that you have 2 years from the very first time that you noticed a side effect from taking Reglan. For example, if you began taking Reglan in 2008, but didn’t notice a problem until 2010, you now have until 2012 to file a lawsuit against Reglan.
Another important point is that in very important cases such as these, the courts will sometimes allow a late case to come in. This happens because the Judges want to serve the people more than anything, and they will do what they can to make sure justice is served.
However, this doesn’t mean that they will wait around forever. The judges also have a duty to protect the defendants in any case. So if you think that you have a case, you should act quickly and speak to an experienced lawyer.
Get an Evaluation
The take away is this: if you have any reason to believe that you have a case against Reglan, even if you are not sure, you should get a free case evaluation, and learn what your options are. Sometimes symptoms from Reglan side effects take years to show up, so keep your health in mind, and speak to a lawyer today.

Tuesday, February 15, 2011

Reglan Side Effects Create Black Box Warning, Lawsuits

Reglan Side Effects Create Black Box Warning, Lawsuits

In February 2009, the FDA mandated that the gastrointestinal drug Reglan (and generics that include metoclopramide) display the strongest advisory the agency is capable of assigning to a prescription drug: the “black box” warning.
The use of metoclopramide can result in a condition called tardive dyskinesia, a serious neurological disorder affecting the face and lower limbs. In some cases the disorder can be permanent. This warning label was issued more than two decades after the drug in question first became available, and millions of people have since been prescribed Reglan or a generic equivalent.

Ramping Up Reglan Lawsuits

It is expected that the Supreme Court will deliver a major decision affecting the liability of generic manufacturers of this drug, most likely in June of 2011. The issue of whether or not the maker of a generic version of a drug may be held accountable for omitting a warning label that was never included on the original drug is one which has troubled state and federal courts for many years.
Currently, there are hundreds of Reglan lawsuits pending in several states. Plaintiffs of these lawsuits claim that they were never sufficiently warned about the severity of the side effects associated with metoclopramide.
Reglan was debuted by Wyeth (now a Pfizer subsidiary) in 1989. Schwarz Pharma acquired the rights to the drug in 2001, and only the generic metoclopramide form has been available since 2008.
Reglan, as well as its generic versions, was commonly prescribed as a remedy for gastrointestinal disorders such as diabetic gastroparesis or gastroesophageal reflux disease. Metoclopramide works as an antiemetic, or a drug that prevents vomiting. It also serves as a gastroprokinetic agent, which means that it helps users keep food down and also aids digestion.

Reasons for the Reglan Black Box

In 2009, when the FDA determined that all medicines containing metoclopramide must carry a black box warning, the agency cited two distinct studies which clearly illustrate the drug’s serious risk to users. More than 2 million Americans were taking metoclopramide as of February 2009.
One study found that metroclopramide was the primary cause of drug-induced movement disorders. Tardive dyskinesia belongs to this class of neurological disorders. A separate study found that a crucial portion of those taking metoclopramide had been instructed to continue taking the drug beyond the recommended maximum time of 3 months. This overconsumption seriously increased their risk of developing tardive dyskinesia.
Tardive dyskinesia, in plain language, means “delayed abnormal movement.” This disorder was first discovered more than 50 years ago, and is noted most often in psychiatric patients with a years-long history of taking antipsychotic medications. The most frequently reported symptoms are tongue thrusting, repetitive chewing, jaw swinging, and facial grimacing, according to Google Health.

Reglan Lawsuit Statute of Limitations

Although victims of severe and permanent Reglan side effects such as tardive dyskinesia may still have time to file lawsuits against the company responsible for the product, time may be running out. Most states have statues of limitations that last 2-5 years, meaning that a plaintiff must file suit against the company soon after he or she begins to experience side effects of the drug. Fortunately, the statue of limitations does not begin until the side effects are first manifest, not when the patient begins to take the drug. Even so, time runs out quickly.
Reglan, a drug made to speed digestion, contains the active ingredient metoclopramide. It, and other metoclopramide products, were given a “black box” warning by the Food and Drug Administration in February of 2009 in order to warn consumers of the high risk of tardive dyskinesia associated with the drug. Tardive dyskinesia is a permanent neurological disorder that manifests in the involuntary movement of facial muscles. This can severely diminish the quality of life in an individual, and it is understandable why victims feel the desire to file Regan lawsuits in order to collect some form of compensation for their suffering.
However, since the black box warning was given two years ago, some victims may have a harder time filing lawsuits in states such as California, New Jersey, and Texas – these states have a two-year statue of limitations. This does not mean that it will be impossible – it is possible, in certain cases, to get an extension on the statue of limitations in order for the plaintiff to try to be compensated for his or her suffering. Even so, people who have suffered from any of the side effects of Reglan and wish to file a lawsuit should do so as soon as possible in order to avoid complications later on in the process.

Reglan Ruins Yet Another Life

The latest victim in the Reglan side effect story has been claimed. After 27 years of taking Reglan, Francis Davis from New York recently learned that taking Reglan for extended periods of time causes Tardive Dyskinesia. This information comes 27 years too late for Francis, and is a shame because he was only taking the medicine to help his stomach ulcers (bleeding inside the stomach).
Why is this such terrible news for Francis Davis? After over 25 years of using a drug that the FDA says a patient should not use for more than just 3 months, Davis has developed Tardive Dyskinesia. He suffers from excruciatingly painful spasms and cramps. He also has uncontrollable twitching all around his body. There is no cure for his condition. His life is over.

Why is His Life Over?

If someone has Tardive Dyskinesia, their life is ruined. The disease causes uncontrollable facial and hand movements, which make it impossible for someone to function normally in public. It makes having a job next to impossible, especially if any amount of precision is involved.
What’s more is that the nature of this disease and the damage it does to someone’s life means that it causes severe depression as well. The depression caused by Tardive Dyskinesia may be worse than the actual disease itself.

How Did Reglan Start?

Reglan, aka metoclopramide, was first made in the 1960s. It has been available stateside since the early 1980s and is used to treat many symptoms. It can relieve Ulcers, like was the case with Davis, and it can even help with headaches and nausea. The drug is even given to animals.

FDA Warns of Life Ruining Drug

According to the FDA, the maximum amount of time that is considered safe for Reglan is 3 months. However, according to data, over 20% of people that take Reglan do so for over 3 months at a time. These people are greatly increasing their risk for developing Tardive Dyskinesia.

Kellog v. Wyeth: A Groudbreaking Lawsuit

Vermont resident Ethel Kellog was first prescribed metoclopramide, under the prescription drug name Reglan, in 2000 as a remedy for gastroesophageal reflux disease (GERD). She continued to consume the medication for four straight years, at which point the severe side effects produced by Reglan overshadowed the symptoms from her gastrointestinal disease.
Kellog suffered uncontrollable movements in her limbs as well as facial grimacing and involuntary lip twisting and tongue thrashing. These are all symptoms of tardive dyskinesia, an incurable neurological condition that Kellog had developed, and a known side effect of the drug known as Reglan.
Kellog hired a Reglan lawyer in 2007, a full two years before the FDA mandated a “black box warning” for the medication. She filed a lawsuit against drugmaker Wyeth as well as other manufacturers of generic versions of metoclopramide.
In that lawsuit, Kellog alleged that Wyeth and other companies did with full knowledge include misleading information on the Reglan warning label. She asserted that the manufacturers led users to believe that the side effects were less serious than they are known to be. Specifically, the label warned only of side effects that come from short-term consumption of the drug, even though their own research had found that the medicine was frequently prescribed for long-term use.
In addition, her Reglan lawsuit alleged that metoclopramide is not just “believed” to increase the odds of developing tardive dyskinesia the longer it is taken. Scientific studies support a direct correlation between increased exposure to Reglan and increased risk of succumbing to the irreversible neurological disorder. The label failed to clearly state this fact.
Of course, Wyeth and the other responsible companies argued against her claims. Wyeth asserted that federal regulations made it impossible for the company to alter the warning label after it had originally been approved by the FDA. Generic makers of metoclopramide said that current laws prevented them from making changes to the label first issued to the brand-name version of the drug.
Judge William K. Sessions III of the U.S. District Court for the District of Vermont issued a precedent-making decision when he ruled in favor of the plaintiff, Ethel Kellog. Included in his official decision was this statement he wrote:
“There is no evidence that FDA has ever brought, or threatened to bring, an enforcement action against (or otherwise sanctioned) a drug manufacturer who sought to strengthen or add a warning to its label. Likewise, there is no evidence that FDA has proposed to withdraw approval for a generic drug because its manufacturer sought to strengthen a label warning.”
An appeal request from the drug manufacturers was denied, an act which paved the way for further successful lawsuits against the makers of Reglan and generic forms of metoclopramide. At this time there are hundreds of Reglan lawsuits underway across the nation. Within a year, we may even see a Reglan class-action lawsuit emerge.

Monday, February 14, 2011

Settlement Amounts for Reglan Lawsuits

Reglan and its generic metoclopramide are medications used in the treatment of GERD, gastro esophageal reflux disease. Metoclopramide products have recently become controversial since several lawsuits have been filed against companies who produce such products because of side effects, some of which can be serious. Reglan works by increasing intestinal contractions in order to reduce the symptoms of GERD, and is also effective against nausea caused by anesthesia and certain chemotherapy treatments. However, it has recently been connected to such neurological side effects as tardive dyskinesia, neuroleptic malignant syndrome, cervical dystonia, blepharospasm, akathisia, ocular deviation, and symptoms of Parkinson’s disease. These are conditions that largely involve involuntary movements and muscle spasms or contractions.
Because these side effects are so detrimental to everyday health and activity, and because they can effect not only children who have directly taken the drug but also children who indirectly ingest it through breast milk, multiple lawsuits have been filed against producers of Reglan and similar drugs in order to seek compensation for suffering induced by the medication. However, since none of these lawsuits have been seen all the way through to this day, it is impossible to predict what kind of settlement plaintiffs will receive if they file a similar lawsuit. It is, however, true that drug companies have been known to give out significant settlements in other cases of extremely detrimental side effects, such as in the case of Vioxx, whose manufacturer compensated victims and families of victims a total of $4.85 billion in order to somewhat appease their suffering and financial loss.
The United States Judicial Panel on Multidistrict Litigation has recently decided not to create a Multidistrict Litigation lawsuit based on the Reglan cases, which is unfortunate because it would have allowed for a more streamlined trial process. However, many Reglan lawsuits are being filed against the makers of the drug regardless, and things may change as more and more victims of serious side effects step forward.

Reglan Lawsuits Filed Across the Nation

The severe neurological disorder known as Tardive Dyskenisia has been linked to the drug Reglan as well as its generic counterpart, metoclopramide. As more medical and scientific findings on this topic are made available to the public, greater numbers of lawsuits are being filed throughout the United States.

Reglan: a cure for acid reflux

Reglan works by increasing the speed of stomach and intestinal contractions, which can alleviate symptoms of Gastro Esophageal Reflux Disease (GERD). Because of this, it has been promoted since its debut in the 1980s as a cure for acid reflux and other digestive ailments. Other prescribed uses include a remedy for nausea brought on by chemotherapy drugs or anesthesia. Reglan and its generic form metoclopramide have been prescribed to millions of patients across the nation as a treatment for these types of physical complaints.

Reglan side effect has no cure

In 2009, a direct link between Reglan and Tardive Dyskenisia was established. Immediately following those findings, the FDA mandated its strongest warning label, the “black box” warning, to advise both physicians and their patients of this serious and sometimes permanent side effect.
Tardive Dyskenisia is a neurological affliction which can cause a slew of related, uncontrollable physical symptoms. These may include repetitive and involuntary facial movements such as eye blinking, grimacing, tongue protrusion, chewing, as well as sudden leg, arm, or finger movements. This serious disorder does not have a known cure at this time, and it has been noted that its symptoms are likely to continue even after patients quit taking Reglan. The drug was approved only for treatment terms of up to three months, however patients have commonly been instructed to continue using it for longer periods, which notably increases the chances of Tardive Dyskenisia developing.

New Jersey lawsuits against Reglan growing

Currently there are at least 70 lawsuits filed in the state of New Jersey against Reglan. This number is expected to grow until February 2011, when the state statute of limitations for Reglan litigation will end. All of the aforementioned suits were filed for patients who were diagnosed with Tardive Dyskenisia or similar disorders involving uncontrollable body movements. Judge Carol Higbee in Atlantic County has been given control of all Reglan lawsuits in the state of New Jersey. Wyeth Pharmaceuticals, one of the main defendants in the ongoing Reglan litigation, has its home in New Jersey. For this reason it is believed that many additional cases will be filed in that state.

Federal Reglan Cases Not Currently Eligible for Multi District Litigation

Despite the fact that rising numbers of Reglan lawsuits are being filed in federal courts, the United States Judicial Panel on multidistrict litigation has declined to consolidate these cases into a sole proceeding. Reasons given for this decision include the long history of Reglan lawsuits, as well as the fact that there are several different generic drug manufacturers involved. This ruling may change in the future, but for the time being all federal lawsuits will be processed in different courts, each with its own judge and scheduling orders.

Friday, February 11, 2011

Reglan: The Wonder Drug

When Reglan was first released, it was prescribed to patients who were experiencing symptoms such as acid reflux or nausea. For most of those patients, acid reflux and nausea are chronic conditions which take a long time to heal; but for some reason they were still prescribed Reglan, which is toxic if taken over 3 months straight. So it is truly a wonder that this drug was ever released. Some people who were unfortunate enough to take Reglan for over 3 months found out that it can lead to neurological side effects such as tardive dyskinesia.
Tardive Dyskinesia is a severe neurological movement disease that has been showing up in more and more reports involving Reglan. These reports are forcing patients and doctors to think a little deeper about Reglan. Tardive Dyskinesia is characterized by involuntary muscle movements such as facial grimacing, head jerking, pursing of lips, moving fingers, and more.
In 2009, the Food and Drug Administration finally decided to put a ‘black box warning’ on all packages of Reglan, This warning will help future users of the drug decide whether or not they want to continue with the medicine. While it is a good thing that this warning is being put out, it comes decades too late for some unfortunate patients who have been diagnosed with the side effects that Reglan comes with.

Taking Reglan to Court

Litigation against the makers of Reglan is a very new area in the legal court. If a patient wishes to file a claim against the makers of Reglan, there are certain things that an experienced lawyer would have to do.
Eligibility begins with the patient proving two things. First, the patients have to prove that they have a personal prescription of Reglan. The next thing they have to prove is that they took their prescription of Reglan for at least three months. If the patient developed side effects such as tardive dyskinesia, cervical dystonia, or blepharospasm during or after the drug was being taken, the lawyer will probably move forward with the case.
Other determining factors include whether or not Reglan was taken according to instructions, and whether or not there is any evidence from the company itself showing that they tried to warn the patient about the side effects of Reglan.
Claims against the makers of Reglan will also explore what kind of information the manufacturers knew about the side effects of the drug, and whether or not they did enough testing. Reglan is distributed by some of the largest pharmaceutical companies in the nation, and because of this, they should have no excuse.
If a victim of Reglan decides to take them to court, they will have no financial risk, since a lawyer will work under contingency. However, they will have much to gain, since Reglan settlements and jury verdicts in cases like these can be very large.

Tuesday, February 8, 2011

Reglan Victims File Lawsuits

Tardive dyskinesia, a permanent neurological disorder characterized by involuntary facial movements caused by the contracting of facial muscles, has been decisively linked to gastrointestinal drug Reglan, causing almost a hundred Reglan users to file suit against the company responsible in order to hopefully collect a settlement that can pay for the high cost of living with a permanent disorder or one of the other side effects of the drug.
Reglan works to aid digestion by stimulating the muscles in the stomach and intestine to contract in order to move food more quickly through the digestive system. However, its power to make muscles contract seems to have the tendency to spread to areas of the body where it is not necessarily wanted. Side effects that are normal with Reglan and do not indicate a problem include nausea, diarrhea, headache, dizziness, and lethargy. Symptoms of a Reglan allergic reaction, which can be serious and requires immediate medical attention, include rash, swelling of the mouth, and tightness in the chest. The most dangerous side effects of Reglan only happen to a small percentage of Reglan users, but they can be fatal. These include central nervous system disorders such as convulsive seizures and hallucinations, as well as neuroleptic malignant syndrome, which is characterized by hyperthermia, muscular rigidity, and autonomic instability – all of which are also symptoms of a panic attack, a much more common and non-fatal occurrence.
People who are seeking compensation in their lawsuits against Reglan are looking for a settlement that will help them pay for not only the money they have lost battling what could be a permanent affliction, but also reimburse them for their pain and suffering. Although it is not yet clear what kind of settlement plaintiffs should expect to receive, what is clear is that no one should put their life and comfort on the line just to take a certain medication.

Friday, February 4, 2011

Reglan in Your Children: Damaging Side Effects

Children and Reglan Side Effects

Prescription medicine Reglan (generic form metoclopramide) has been found to cause severe side effects, including tardive dyskinesia, yet doctors continue to prescribe it to children as well as to women who are pregnant or breastfeeding.

Children Consume Reglan in Three Main Ways

  1. Before it was given a “black box” warning label for its link to tardive dyskinesia, Reglan was prescribed freely to minors. Now, however, it is still used as a treatment in pediatric medicine for the common problem of gastroesophageal reflux (GER). It is also prescribed less often for gastroesophageal reflux disease (GERD). In addition it is used to alleviate vomiting and nausea brought on by surgery or chemotherapy.
  2. Reglan is often prescribed to hasten gastric emptying for pregnant patients, who then have the potential to pass on the drug and its side effects to the unborn children they carry.
  3. Breast milk can be a conduit for Reglan. There is not much conclusive research showing that infants often contract tardive dyskinesia via breast milk, however the American Academy of Pediatrics sees Reglan use by breastfeeding women to be a risky act. The irony here is that Reglan has been prescribed off-label for years for use as a breast milk stimulant in mothers who experience low milk supply.

Reglan’s Most At-Risk Users

The risk of developing tardive dyskinesia as a side effect of Reglan is simple to understand: the more Reglan one consumes, and the longer one consumes it, the greater the odds that tardive dyskinesia will appear. In particular, elderly patients and children exposed to Reglan are the most susceptible to developing this incurable disorder. The FDA-approved treatment period for Reglan is only 4-12 weeks, yet a recent FDA study found that 20 percent of people taking Reglan used it for much longer although they were following doctor’s orders. Some had even been prescribed Reglan for years of continuous use. This dangerous off-label consumption is one of the most serious allegations made by the hundreds of Reglan lawsuits underway in the US court system.

Recognizing Reglan Tardive Dyskinesia

Certain neuroleptic drugs can produce side effects that are classified as neurological disorders, and tardive dyskinesia is one such side effect. In the 1960s, physicians observing psychiatric patients on antipsychotic medications were the first to witness and describe tardive dyskinesia. Reglan is similar in chemical composition to those medications, and it also affects the central nervous system. Consuming Reglan beyond the approved treatment period and dosage can result in involuntary tics such as facial grimacing, and other symptoms that can be misinterpreted as signs of Tourrette’s syndrome. Tardive dyskinesia can be particularly easy to overlook when dealing with babies, since many of the signature symptoms (finger twitching, leg kicking, cheek puffing, chewing, mouth puckering) are easily confused with ordinary infant behavior.
Tardive dyskinesia is a chronic condition with no cure. If you have reason to believe that you or a child may be exhibiting signs of Reglan side effects, stop taking Reglan at once and consult your doctor.