Huck v. Wyeth, Inc.

Plaintiff developed a neurological disorder from her prolonged use of metoclopramide, sold under the brand name Reglan and as a competing generic formulation. Plaintiff admitted she ingested only generic metoclopramide but sued both the manufacturer of the generic drug and the manufacturers of the branded formulation. The district court dismissed all of Plaintiff’s claims, ruling (1) Plaintiff’s claims against the generic manufacturer were preempted by federal law that requires conformity with the brand manufacturers’ warning labels approved by the Food and Drug Administration (FDA); and (2) Plaintiff’s claims against the brand manufacturers required proof that the brand defendants manufactured or supplied the product that caused Plaintiff’s injury. The Supreme Court affirmed summary judgment for the brand manufacturers and reversed in part summary judgment for the generic manufacturer, holding (1) Plaintiff’s state common law tort claims against the generic manufacturer based on inadequate warnings were not preempted to the extent that the generic manufacturer failed to adopt warning language approved by the FDA for Reglan; and (2) the brand manufacturers are not liable for injuries to those who used only the competing generic formulation. View "Huck v. Wyeth, Inc." on Justia Law