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.
Thursday, February 24, 2011
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, 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.
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.
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.
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.
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.
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.
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.
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