Roger Drake, attorney with Baum, Hedlund, Aristei & Goldman, says that Reglan litigation has been around for a while—but there have been some recent developments.
A number of states, including Pennsylvania, New Jersey and California, are consolidating Reglan cases. "Although the FDA mandated a black box warning for Reglan about a year ago, there seems to be a second wave of litigation," says Drake. "The black box warning spurred patients to seek medical help and it has taken time to get a tardive dyskinesia diagnosis and to make the connection with Reglan."
Because some states have a two-year statute of limitations, patients in those states may find that the time to file a lawsuit is running out. "The black box warning was issued on February 26, 2009," Drake says. "We use that as a trigger date [for the start of the statute of limitations]. But, there may be instances where patients are not aware that their injuries are associated with Reglan and that could extend the statute of limitations. If patients want to file a claim, they should contact an attorney."
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There has been an increase in interest in Reglan litigation among patients of all ages, Drake says. "The renewed interest in this type of litigation from courts across the country is a direct result of patients becoming more aware of the injuries associated with Reglan. The more patients raise concerns to doctors and to attorneys, the better the chance to bring makers of the drug to justice and to make people more aware of the risks."
Roger Drake represents many clients suffering from tardive dyskinesia after taking Reglan. His law firm, Baum, Hedlund, Aristei & Goldman, has represented thousands of consumers across the nation over the past two decades in pharmaceutical drug injury litigation.