A three-judge panel has found that failure-to-warn claims against makers of generic versions of the heartburn drug Reglan could move forward because the companies failed to update their warning labels when the brand name product’s label was changed to include new side effect warnings. The ruling affects a large number of the roughly 650 lawsuits consolidated in Middlesex County, where they were transferred from Atlantic County last month. The panel of judges wrestled with the 2011 ruling in Pliva v. Mensing that state tort claims against makers of generic drugs alleging inadequate warnings should be overridden by federal law, which ... Read More
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