A Reglan class action lawsuit would be a good idea if everyone had the same injuries from the use of Reglan. However, because different people have different injuries resulting from their use of Reglan, a Reglan class action lawsuit would not be fair to everyone because it would unfairly apportion any recovery. For this reason, there is not currently a Reglan class action and claims are being pursued individually.

What is Reglan?
Reglan is an oral medication used to treat diabetic gastroparesis, which is the delayed movement of food from the stomach into the intestine, and GERD, which is a backup of stomach acid into the esophagus. Symptoms of these conditions include stomach pain, nausea, vomiting, loss of appetite, heartburn, and chest pain. Reglan is produced by Schwarz Pharma. It is generically known as metoclopramide. Reglan was approved by the Food and Drug Administration (FDA) in 1985. However, Reglan has been proven to cause tardive dyskinesia, which are involuntary, repetitive movements affecting the face, trunk and/or limbs, as well as other serious health problems. Reglan tardive dyskinesia symptoms are often misdiagnosed.

Have lawyers tried to start a Reglan class action lawsuit or consolidate their cases?
At one point, lawyers for victims of Reglan sought to have their cases consolidated before one judge in what is called Multidistrict Litigation, or MDL. 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, their lawyers, witnesses, and the courts. This was not to start a Reglan class action, only to consolidate the cases.

Lawyers representing Reglan 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 cases. The Order indicated that the Reglan 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. These are the same reasons why a Reglan class action would not be good.

What is the FDA’s involvement in Reglan Litigation?
On February 26, 2009, the FDA mandated that Reglan have a “black box” warning label on the box. This black box warning is the FDA’s strictest warning. Black Box warnings indicate that a medication has the potential to cause life-threatening side effects.