Reglan Lawyers - Court Decisions: Representative Examples
When it comes to personal injury, or tort cases such as those related to the drug metoclopramide, or Reglan, there are no hard and fast guidelines to how much a jury may award a plaintiff, should the court decide in their favor. Furthermore, because Reglan litigation is a relatively new area of tort law, there are as of yet not many cases that have been decided (although many are pending).
Part of this has been due to a "logjam" in the legal system involving the determination of whether or not plaintiffs can sue drug companies over drugs that were approved by the FDA. Most egregiously, a 2004 study conducted by scientists from two federal agencies (the FDA and the VHA) clearly documented the hazards of Reglan and its connection to the movement disorder tardive dyskinesia, yet strong warnings were not required until the end of February 2009.
In any event, the U.S. Supreme Court has ruled that simply because a given drug has been approved by the FDA dies not absolve the manufacture from the responsibility of warning patients about potential side effects.
Another legal "logjam" involved determination of liability. Recently, there has been some question as to whether one company could be held liable for damages caused by a product that it had not actually manufactured. In this case, pharmaceutical megalith Wyeth has being sued on grounds that generic version of its product Reglan, marketed and sold by other companies, had caused a California woman to develop symptoms of tardive dyskinesia, and that Wyeth had an obligation to warn her doctors of the potential side effects. Initially, the courts sided with Wyeth, but this decision was overturned in November of 2008.
How Much is a Case Worth?
Judges and juries in tort cases greatly prefer hard numbers and measurable, documented figures. Therefore, seeking compensation for medical expenses and lost wages is a fairly straightforward process.
Pain and suffering is more difficult to determine, although this is usually where the large awards come into play. A skillful litigator can certainly help in this regard, but more often, large awards are made by sympathetic juries who, like increasing numbers of citizens, are outraged by the way large corporations have been allowed to run roughshod over ordinary citizens over the past generation. Awards for pain and suffering have been known to run into the mid-to-high seven figures, but are nearly always reduced – or even eliminated – on appeal to a higher court.
Sample Awards in Drug and Medical Liability Cases
Because few specific Reglan cases have yet come to trial, there are few examples of actual jury awards (out-of-court settlements are often confidential, although some law firms do make this information available to the public). One case, in which psychiatrist and author Dr. Peter Breggin was called as an expert witness, resulted in an award of $6.7 million. In another Reglan case in which the plaintiff was represented by a Northeastern law firm, the jury awarded the victim a total $1.6 million. The Supreme Court also upheld a $6.8 million award to a musician who lost her arm due to gangrene that was the side effect of a similar drug, phenergan (a weak dopamine antagonist used for the treatment of nausea).
The fact that the U.S. Supreme Court has upheld these awards strongly suggests that change is indeed in the wind, and that large pharmaceutical corporations will increasingly be held to account for placing profits over the well-being of patients. However, much will depend on several factors that include the skill and experience of your legal counsel and how thoroughly your medical history is documented. Expert medical witnesses are also vital to a Reglan case, and can help to insure that you receive the maximum compensation for your losses and pain caused by tardive dyskinesia.
© 2010 TardiveDyskinesia.com Last Modified Monday, July 27th, 2009
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