Copy of lawsuit filed in famous California Reglan case

Probably the most famous Reglan lawsuit is that of Conte v. Wyeth. It’s famous among Reglan attorneys because that case established that the brand name manufacturer of a drug can be held liable for injuries that occur when someone takes a generic version of the drug.  That rule (so far) only applies in California Reglan litigation, but I am hopeful the rule will be extended further.  This is a copy of the actual lawsuit that culminated in the decision in Conte v. Wyeth. 

29. Defendant WYETH and its predecessors in interest had actual knowledge, through
their own studies and studies by independent investigators, that doctors
frequently prescribed Reglan/ metoclopramide for long-term use that was not safe
for patients. Defendant WYETH and its predecessors in interest had actual
knowledge, through their own studies and studies by independent investigators,
that nearly one-third of all patients who used Reglan/ metoclopramide received it
on doctor's prescriptions for 12 months or longer, rather than 12 weeks or less.
Defendant WYETH also had actual knowledge, through research by independent
investigators, that the risk of tardive dyskinesia and other extrapyramidal side
effects of Reglan/ metoclopramide in patients who receive the drug for weeks or
longer is approximately 100 times greater than disclosed in WYETH's package insert
for Reglan and the Physician's Desk Reference monograph for Reglan brand
metoclopramide. Defendant WYETH also knew, or through the exercise of reasonable
care should have known, that many patients who use Reglan/ metoclopramide are not
able to effectively metabolize Reglan/ metoclopramide and that as a foreseeable
consequence of their inability to effectively metabolize Reglan/ metoclopramide,
those patients have a greater risk of developing serious and permanent injuries.
Defendant WYETH failed to disclose this information to the medical community and
failed to adequately disclose this information to the generic pharmaceutical
industry. Defendant WYETH was aware that its failure to disclose this information
to the medical community and its failure to disclose it to the generic
pharmaceutical industry would probably result in serious injury to patients who
were prescribed Reglan/ metoclopramide by a physician who was not aware of this
information. By failing to disclose this information to the medical community and
the generic pharmaceutical industry, Defendant WYETH acted in willful and wanton
disregard of the rights of persons in the Plaintiff Elizabeth Conte's class, and
this conduct caused serious injury to the Plaintiffs.

In part because of this case, many Reglan lawyers try to file their Reglan cases in California.  And for the same reason, most Reglan defendants try and make sure that Reglan lawsuits aren’t filed in California.