The state Superior Court has ruled that federal pre-emption only applies to negligent failure-to-warn claims that predate the Food and Drug Administration Amendments Act of 2007 and are based solely on a generic drug's label that was in conformity with the brand-name equivalent's label.
The ruling allows more than 2,000 plaintiffs to proceed with some of their claims against the makers of metoclopramide — the generic version of Reglan — alleging the drug caused them to have an incurable neurological disorder called tardive dyskinesia.
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