Reglan Tardive Dyskinesia Lawsuits May be Centralized in NJ State Court

By Harvey Kirk
Posted April 7, 2010

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A petition has been filed in New Jersey to centralize all state court tardive dyskinesia lawsuits over Reglan and generic metoclopramide. While a similar request to centralize all federal Reglan lawsuits was denied last year, the cases may benefit from coordinated proceedings, where pretrial litigation for hundreds of individual lawsuits can be handled in a manner similar to how a Reglan class action suit would be managed.

On March 16, a letter was sent by the presiding judge of the Essex County Superior Court to the administrative director of the courts of New Jersey requesting centralized management for the Reglan litigation in the state. The judge indicated that Reglan tardive dyskinesia lawsuits are being filed in his court on a weekly basis and predicted that many more cases are likely to be filed throughout the state, which is the headquarters for the primary defendant in the litigation, Wyeth Pharmaceuticals.

Reglan is the brand name for generic metoclopramide, which is a gastrointestinal drug used to treat disorders like diabetic gastroparesis, gastroesphageal reflux (GERD) and delayed gastric emptying. While the drug is only approved for use over a short period of time, long-term use has been associated with an increased risk of tardive dyskinesia, which involves involuntary and repetitive movements of the face and limbs.

Lawsuits over Reglan involve allegations that Wyeth, who originated the drug, and various generic drug makers failed to adequately research their medication or warn about the potential movement disorder side effects of Reglan. The drug makers appear to have turned a blind eye to the increased risk of tardive dyskinesia associated with long-term use of their medication, as continued use of the drug for extended periods of time would likely result in increased their sales.

Although Reglan tardive dyskinesia litigation has been around for more than two decades, with the first case filed in 1998, the number of new lawsuits have grown dramatically in the past year after the FDA ordered a black box Reglan tardive dyskinesia warning in February 2009. That label, which is the strongest warning that can be placed on a prescription medication, raised awareness about this side effect and led many individuals to realize that there may be a connection between their use of Reglan and movement disorder problems they have developed, which could include:

• Grimacing, Puckerinig or Pursing of the lips
• Tongue Protrusion or Lip Smacking
• Rapid Eye Movements and Blinking
• Uncontrolled Movements of the Extremities and Fingers

In support of his request for centralization of the New Jersey Reglan cases, Judge Eugene J. Codey, Jr. pointed to potential filing of many additional Reglan lawsuits in New Jersey, as well as the benefits of having all of the cases before one judge in one court to avoid conflicting rulings, scheduling orders, duplicative discovery and to promote the efficient handling of the cases and any potential Reglan settlement.

REGLAN TARDIVE DYSKINESIA ATTORNEYS

While the litigation in New Jersey state court and federally throughout the United States is continuing to move forward, the Reglan attorneys at Saiontz & Kirk, P.A. are continuing to review potential tardive dyskinesia lawsuits for individuals who believe that they may have developed this movement disorder after using the drug. To review a potential case and determine whether you, a friend or family member may qualify for compensation through a Reglan tardive dyskinesia lawsuit, request a free consultation and claim evaluation.