Plaintiffs Lose Against Metoclopramide Makers

Three plaintiffs who alleged they developed tardive dyskinesia from long-term use of the generic reflux drug metoclopramide lost an attempt to hold either generic or branded manufacturers liable for their injuries (Smith v. Wyeth Inc.).

The U.S. Court of Appeals for the Sixth Circuit Sept. 22 said claims against generic manufacturers are barred under the U.S. Supreme Court’s recent decision in Pliva v. Mensing (9 PLIR 805, 7/1/11), which “held unequivocally” that federal law preempts state claims that would require generic drug makers to change the label. The Sixth Circuit also upheld a trial court’s dismissal ...