Another Reglan mass tort products liability claim has been filed in the master docket in
Philadelphia, this one by a Michigan man who claims the generic form of the pharmaceutical caused him to sustain physical and emotional injuries.
Attorney James Douglas Barger, of the Pensacola, FL, firm Aylstock, Witkin, Kreis & Overholtz, filed the short-form complaint in the Reglan/Metoclopramide Litigation that has been consolidated at the Philadelphia Court of Common Pleas.
Drugmakers Pfizer, Wyeth, Alaven Pharmaceuticals and Schwarz Pharma Inc. are listed as the name brand defendants in the case.
The generic defendant named is Teva Pharmaceuticals USA.
The plaintiff, Wayne L. Weamer, claims that the Metoclopramide he ingested from 2001 to late 2009 caused him to develop tardive dyskinesia, and also caused him to suffer from muscle and face spasms and twitching, as well as financial loss.
The suit contains counts of strict product liability, negligence, fraud and intentional misrepresentation, constructive fraud, breach of implied warranties, unfair and deceptive trade practices, unjust enrichment, negligent misrepresentation, civil conspiracy, and gross negligence and malice.
Reglan and its generic form are an anti-nausea medication prescribed to treat gastrointestinal disorders such as acid reflux and diabetic gastroperesis.
The drug, however, has been known to come with serious side effects.
The litigation over Reglan claims that some patients can develop a condition known as tardive dyskinesia, which is a neurological disease that can cause patients to suffer from involuntary movements in the face, lips, tongue, mouth and other body parts.
The condition is typically incurable and can permanently debilitate the person, according to Claudine Q. Homolash, a lawyer with Sheller P.C. in Philadelphia, who has blogged in the past about the mass tort program in Common Pleas Court.
The Reglan litigation was designated a mass tort by Philadelphia Common Pleas Court Judge Sandra Mazer Moss back in early 2010.
The case ID number is 121201046.