Reglan litigation is currently occurring in many courts throughout the United States. At one point, lawyers involved in the Reglan litigation sought to have the cases consolidated before one judge in an MDL, or Multidistrict Litigation. The purpose of this request was to eliminate duplicative discovery, avoid possible conflicting rulings by different judges, and to serve the convenience of the parties involved in the Reglan litigation tardive dyskinesia claims, their lawyers, witnesses, and the courts.
Lawyers representing Reglan and metoclopramide manufacturers in the Reglan litigation argued that consolidation was not needed because Reglan litigation has been occurring for 20 years, with the first case filed in 1998. Since then, more than 70 Reglan lawsuits had been filed in the various state and federal courts in the United States, with 80% of those cases settling.
On June 3, 2009, the U.S. Judicial Panel on Multidistrict Litigation issued an Order denying the request to consolidate the Reglan litigation. The Order states in part that “Metoclopramide (Reglan) litigation has a lengthy history, and record indicates that a significant amount of the common discovery has already taken place.” The Order also indicated that the Reglan litigation cases do involve common factual issues about whether Reglan causes tardive dyskinesia, there is no single common defendant and many of the generic makers of Reglan are only involved in a few of the cases. In addition, the panel was not convinced that the remaining common questions of fact were sufficiently complex or numerous to justify consolidation of the Reglan litigation.
What are the claims in Reglan Litigation?
Parties involved in the Reglan litigation are claiming that Reglan has caused them serious health problems. These problems include the following:
· Tardive Dyskinesia, which are involuntary, repetitive movements affecting the face, trunk and/or limbs;
· Aldosteronism, which is a condition where the adrenal glands produce excessive hormones and cause low blood-potassium levels (If left untreated, aldosteronism can be fatal, as it may result in heart attack, heart failure, stroke or kidney failure);
· Agranulocytosis, which is a condition characterized by low levels of white blood cells (If left untreated, agranulocytosis can result in osteoporosis and other irreversible conditions);
· Depression and/or suicidal thoughts;
· Hallucinations;
· Jaundice;
· Neuroleptic malignant syndrome (NMS), a life-threatening neurological condition marked by delirium, fever and muscle rigidity;
· Seizures; and
· Tachycardia, an arrhythmia marked by increased heart rate.
Some of these Reglan health problems can clear up with immediate treatment, but in the worst cases, serious problems are incurable and potentially life-changing.