As a rule of thumb, Reglan lawyers prefer to file their Reglan lawsuits in state court, instead of federal court. That’s because it is generally cheaper and easier to prosecute a Reglan lawsuit in a state court than in a federal court. But sometimes, due to procedural rules that are beyond the scope of this blog, a Reglan attorney will have to file in federal court. This is an example of a Reglan lawsuit filed in a California federal court.
35. The Plaintiff's use of metoclopramide products, as prescribed by his
physicians, resulted in his overexposure to the drug metoclopramide, which caused
him to suffer serious, permanent and disabling injuries, including but not limited
to injuries of or associated with the central nervous and extrapyramidal motor
systems, specifically (for the past approximately 20 years) tardive dyskinesia and
(for the past several years) consequent clinical depression. The Plaintiff
discovered the cause of the afflictions from which he has been suffering, as
confirmed by Veterans Administration doctors in April 2009, only this year, after
happening upon publicity in the media concerning the connection between various
movement disorders and long term therapy using Reglan and/or other metoclopramide
products.36. Because of these injuries the Plaintiff has experienced and will continue to
experience disfigurement, disability, embarrassment, loss of ability to provide
household services for himself, pain and suffering, medical and related expenses,
and other damages.37. The Plaintiff's serious and permanent injuries, as described above, came about
as a foreseeable and proximate result of Wyeth's dissemination to physicians of
inaccurate, misleading, materially incomplete, and otherwise false information
concerning the potential effects of exposure to metoclopramide through the
ingestion of a metoclopramide product such as Reglan.
Regardless of whether the lawsuit is filed in a state or a federal courthouse, the allegations will be the same: That the manufacturers of Reglan knew that long-term use of the drug could cause movement disorders like tardive dyskinesia.
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