From the Southeast Texas Record:

Causes of action filed against the defendants include negligence, strict liability, misrepresentation, fraud and breach of implied and express warranties.

The lawsuit alleges that the defendants failed to use due care in developing, testing, designing and manufacturing the drug, failing to provide proper or adequate warnings regarding the adverse side effects, failing to conduct adequate pre-clinical and clinical testing, and failing to adequately train medical providers regarding the appropriate use.

“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.

The plaintiff is seeking damage for past and future medical expenses, physical pain and suffering, mental anguish, physical disfigurement, physical impairment, disability, psychological injury, loss of ability to provide household services, loss of earnings, and loss of earning capacity.

Arguing that the defendants “had actual, subjective awareness of the risks involved, but nevertheless proceeded with conscious indifference to the rights, safety or welfare of Plaintiff,” the plaintiff is seeking punitive damages in excess of $75,000.

With the potential for numerous litigations against the drug, the case is expected to become part of a multi-district litigation (MDL-2049).

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