Three Buyers of Metoclopramide Seek U.S. Supreme Court Review of Preemption

Three individuals who allegedly developed a movement disorder from long-term use of metoclopramide Feb. 21 asked the U.S. Supreme Court to revisit a Sixth Circuit decision affirming dismissal of their claims against both brand-name and generic makers of the anti-reflux drug (Smith v. Wyeth Inc.).

The Sixth Circuit’s decision conflicts with Kentucky Supreme Court decisions, the trio argued in their petition for review. Petitioners Lala Smith, Alice Wilson, and Dennis Morris also contend their claims are distinct from those at issue in Pliva Inc. v. Mensing, which disallowed failure-to-warn claims against makers of generic drugs.

Failure-to-Update Split. ...