Motion Filed to Consolidate Reglan Tardive Dyskinesia Lawsuits

The plaintiffs in all of the known tardive dyskinesia lawsuits filed against the makers of Reglan and other Metoclopramide-containing drugs, have filed a motion with the U.S. Judicial Panel on Multidistrict Litigation to transfer the actions from different federal courts throughout the country to the District of Nevada for coordinated and consolidated pretrial proceedings.

Reglan (metoclopramide) is a drug which is only approved for short-term use to treat gastrointestinal disorders like diabetic gastroparesis, gastroesphageal reflux (GERD) and delayed gastric emptying. However, because those conditions are usually chronic problems, it is often prescribed for longer periods of time.

All of the Reglan tardive dyskinesia lawsuits involve allegations that the manufacturers failed to adequately investigate and study their drugs or warn about potential metoclopramide side effects which could lead to the development of permanent movement disorders or ticks, especially when the drug is used for more than 12 weeks and at high doses.

Tardive dyskinesia is a neurological disorder that is associated with repetitive and involuntary movements of the lower face and limbs, such as smacking or pursing of the lips, chewing, grimacing, rapid eye movements and impaired finger movements.

There is no known effective treatment for tardive dyskinesia, and the movement problems can be permanent and continue even after the drug is stopped.

The Motion to Transfer filed with the U.S. Judicial Panel on Multidistrict Litigation indicates that there are currently 15 different lawsuits over metoclopramide filed in at least 11 different districts.

In February 2009, the FDA indicated that they are requiring the manufacturers of Reglan and other metoclopramide drugs to add a “black box” tardive dyskinesia warning to a prominent position on the drugs’ labels. In addition, all patients will be provided with a medication guide that fully informs them about the risk before they decide to start taking the medication.

It is expected that the FDA announcement will lead to an influx of Reglan lawsuits that will be spread throughout the United States.

The plaintiffs have requested that an MDL, or multidistrict litigation, be formed to allow the cases to be handled in a coordinated manner by one court during pretrial litigation.

“Transfer of the (Reglan lawsuits) to one forum for coordinated and/or consolidated pretrial proceedings would eliminate duplicative discovery, avoid conflicting rulings and schedules, save time and effort for the parties, the attorneys, the witnesses and the courts, and otherwise promote the just and efficient prosecution of all actions,” argued the lawyers for the plaintiffs in their petition.

If the motion is granted, the MDL Panel could choose from a number of different courts to consolidate the Reglan litigation in. There are currently 3 pending cases each in the Western District of Kentucky and the Northern District of Texas, with one case each in the District of Nevada, Western District of Arkansas, Eastern District of Tennessee, District of Vermont, District of South Carolina, Western District of Oklahoma, Central District of California, Northern District of Georgia and the Eastern District of North Carolina.

The plaintiffs proposed that the lawsuits be transferred to the District of Nevada, because Judge James C. Mahan, the judge who is currently presiding over the one case pending in that district, is familiar with the facts of the litigation and has made steady progress in discovery in that case for over one year.

The Las Vegas court has also been suggested as a convenient, centralized and efficient jurisdiction, where Judge Mahan is not currently burdened with presiding over any other MDL dockets.