The U.S. Court of Appeals for the Fifth Circuit has affirmed a lower court’s dismissal of a Texas man’s product liability and tort claims against pharmaceutical companies Wyeth Inc. and Schwarz Pharma Inc. and two generic-drug makers over a drug used to treat gastrointestinal problems.
A three judge panel of the Fifth Circuit ruled May 13 that plaintiff Roy Eckhardt’s claims against defendants Wyeth and Schwarz Pharma, which initially developed and received FDA approval for metoclopramide, and Qualified Pharmaceuticals and Vintage Pharmaceuticals, who made and sold the generic product that Eckhardt used, “are all either preempted, not adequately pleaded, or not recognized under Texas law.”
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