A woman who filed a Reglan tardive dyskinesia case has had her case dismissed from court without prejudice, meaning the door remans open for further litigation in her case in the future. Virginia Carswell filed a lawsuit against five defendants, all companies that have something to do with the manufacture, marketing, or sale of Reglan and the generic equivalent, metoclopramide. The lawsuit, filed on the 27th of May in 2011, cited the fact that Reglan can lead to serious side effects for some patients.
According to the original complaint filed by Virginia Carswell and her Reglan lawyer, the plaintiff took Reglan between December 2004 and February 2011. Some studies have shown that taking the drug for more than 12 consecutive months could increase the risk of developing Reglan side effects like tardive dyskinesia by more than 100 times what is indicated on the warning labels. Carswell alleges that she developed Reglan tardive dyskinesia and that the drug manufacturers should be at least partially responsible.
One of the predominant claims in Reglan lawsuits is that patients were not adequately warned of the potential risks and use of the drug was not controlled enough. It was only after a number of patients had been affected by the medication that experts correlated the length of time the drug was used with the rate of patients experiencing side effects.
Tardive dyskinesia is a neurological movement disorder that manifests in uncontrollable movements of the face, including muscle spasms and twitches. Some of the many symptoms include rapid eye blinking, tongue protrusions, lip smacking, and other facial tics. The condition is permanent and patients will likely experience symptoms of it for the rest of their lives. For this reason Reglan side effects are of special concern to legal experts.
A number of litigants including Ms. Carswell, have filed Reglan lawsuits, most of which have not yet gone to court. It is yet to be seen, for the most part, how Reglan lawsuits will turn out.
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