After four months of taking the drug Reglan to treat the symptoms of gastroesophageal reflux, a Louisiana resident alleges he developed drug-induced Parkinson's disease.
Alleging violations of the Louisiana Products Liability Act, Jules Waguespack filed suit against the drug's manufacturers, Pliva USA, Barr Pharmaceuticals, Actavis, and Actavis Elizabeth, TEVA Pharmaceuticals USA, in federal court in New Orleans on Feb. 26.
Reglan, or metoclopramide, is prescribed for short-term therapy for nausea, symptomatic gastroesophageal reflux and acute and recurrent diabetic gastroparesis.
Waguespack claims he took the drug longer than 12 weeks. He claims he was not aware of warnings that the drug should be avoided for prolonged treatment because of the defendants' actions to conceal and misrepresent information.
He claims the defendants "encouraged the long term use of these drugs, and concealed the drug's dangerous side effects."
Waguespack states that his use of the drug resulted in overexposure and caused him to suffer serious, permanent and disabling injuries in the form of abnormal movements.
New Orleans attorneys Lawrence J. Centola, III of Martzell and Bickford and attorney Nakisha Ervin-Knott of Gainsburgh, Benjamin, David, Meunier and Warshauer represent Waguespack.
Causes of action alleged against the defendants include negligence, strict liability, and misrepresentation, breach of implied and express warranties.
"Defendants breached these warranties (both express and implied) as the Reglan/metoclopramide was not merchantable, was unfit for its intended use and was unreasonably dangerous when comparing the benefits to the risks associated with its use," the complaint states.
Waguespack is seeking damages for medical expenses, physical pain and suffering, mental anguish, physical disfigurement, physical impairment, loss of earnings, loss of earning capacity and pre and post-judgment interest.
U.S. District Judge Mary Ann Vial Lemmon is assigned to the case.
A number of plaintiffs' attorneys requested the judicial panel on multi-district litigation to centralize and consolidate their lawsuits but, in June 2009, the panel of judges denied the request.
Case No 2:10cv00692