Reglan Supreme Court Decision Affects Lawsuits

The Supreme Court recently made a groundbreaking decision that is set to have a significant impact not only on Reglan lawsuits, but on a number of future side effects lawsuits. In June of 2011, the Supreme Court of the United States voted on a case called PLIVA v. Mensing, having to do with generic manufacturers of medications, namely the generic form of acid reflux drug Reglan, the generic of which is called metaclopramide. The Supreme Court voted that, as long as the labeling of the generic product exactly matched that of the name-brand drug, generic manufacturers could not be held liable in side effects lawsuits. 

Reglan lawsuits altered to reflect ruling

A number of plaintiffs have chosen to change the defendants in their Reglan lawsuits in order to reflect this ruling by the Supreme Court. One of these plaintiffs is Barbara Sue Swaw, who originally filed her Reglan case in the Circuit Court of the Fourth Judicial District for Duval County, Florida, on March 24, 2011. According to the complaint filed by Swaw and her Reglan lawyer, Swaw began taking the acid reflux medication for chronic gastrointestinal problems in June of 2006 and stopped taking it in June of 2009, three years later. She began experiencing symptoms of tardive dyskinesia and was diagnosed with the condition on November 9, 2009, saying that the condition was "definitely linked" to her metoclopramide use. 

PLIVA,  Inc, Teva Pharmaceuticals USA, and Qualitest Pharmaceuticals, Inc. were the defendants originally named in Swaw's Reglan lawsuit. On September 22, 2011, she and her Reglan lawyer altered the lawsuit to include Wyeth Pharmaceuticals, Inc, the brand-name manufacturer of the medication. Her case was also moved to join other Reglan lawsuits being litigated in the U.S. District Court, Middle District of Florida. The move took place on November 17, 2011. 

Cervical dystonia and tardive dyskinesia as common Reglan side effects

A number of plaintiffs who have filed Reglan lawsuits have claimed to be affected by Reglan tardive dyskinesia and Reglan cervical dystonia. These are both neurological movement disorders, characterized by uncontrollable muscle movements, jerks, or tics. Tardive dyskinesia is linked more to muscles in the lips, legs, arms, eyes, tongue, hands, and fingers, whereas cervical dystonia is connected more to muscles in the neck and shoulder.

Most Reglan plaintiffs, including Swaw, are filing suit in order to gain compensation that could help cover medical and related expenses, as well as disfigurement, mental and physical pain, suffering, disability, and loss of ability to provide household services.