Reglan Lawsuits Not to be Combined

Although Reglan lawyers have been pushing for consolidated Reglan litigation recently, the Judicial Panel for Multidistrict Litigation has shot down the idea, claiming that since Reglan litigation has been going on for about twenty years, many of the discoveries that would usually be left to the multidistrict litigation discovery process have already been made in earlier cases.

Patients have been dealing with Reglan side effects, which include: like neuroleptic malignant syndrome, blepharospasm, akathisia, secondary Parkinson’s disease, and—perhaps most commonly—tardive dyskinesia since shortly after the drug hit markets. These conditions are neurological movement disorders and are characterized by involuntary movements, such as twitches or spasms, of the muscles. This can be grotesque and embarrassing for a patient.

Potential plaintiffs who are worried about the statue of limitations should still talk to personal injury lawyers, as it is possible that even if the statue of limitations has run out a lawsuit can still be filed if it can be proven that a patient suffered side effects before the statue of limitations ended. Because there is no consolidated litigation the statue of limitations varies by state, and some states could let patients file a Reglan lawsuit three years after first symptoms manifest, while other states only allow for two years.
This could be problematic for Reglan lawyers with clients in multiple states, because the varying rules in states could make for a more complicated litigation process.

The Food and Drug Administration of the United States issued a “black box” warning in February of 2009 warning potential Reglan patients of the risks of serious and permanent side effects that have been linked to the drug. This warning could be another indication of the start of a statue of limitations for some. It is unlikely that patients who began to experience side effects after the black box warning was issued will be able to file a successful Reglan lawsuit because in the eyes of most legal experts this warning could serve as enough advice.

Although the possibility of multidistrict litigation has been shot down, Reglan lawsuits may still be open for plaintiffs who have not yet filed suit. Any patient who has experienced serious Reglan side effects should consult a lawyer to determine what chance he or she has to file suit and potentially gain damages.