Compensation Considerations in Reglan Litigation

Sasha Colter | February 15th, 2011 | Posted in Recent Settlements

Individuals filing a  lawsuit often wish to know the amount of compensation they can expect to receive for their claim. However,  it is difficult to predict an exact figure given the unique variables inherent in any case.

At the same time, judges, juries, and defendants tend to rely on similar factors to determine reasonable rewards. Analysis of previous cases can help shed light on notable instances when drug companies experiencing similar suits have chosen to settle for substantial amounts of compensation or when jury verdicts have been rendered against those drug companies for significant amounts in damages. The same is true for Reglan.

Reglan litigation is ongoing, and most Reglan lawsuit settlement amounts are still pending. Individual cases continue to pop up across the country. The lawsuit is most often filed to gain compensation for medical bills, lost work time and serious injury caused by the drug’s side effects.

Side effects that generally lead to a Reglan lawsuit

  • Tardive Dyskinesia
  • Blepharospasm
  • Neuroleptic Malignant Syndrome
  • Cervical Dystonia
  • Parkinson’s Symptoms
  • Akathisia
  • Ocular Deviation

The FDA’s issuance of a black box warning on all metoclopramide products (including Reglan) was issued in February of 2009. The intention was to warn the public of the danger of extended use of Reglan and similar drugs. The drug is prescribed as a method of reducing nausea and vomiting. But in taking this action, individuals using metoclopramide drug products are suffering the potentially dire side effects.

Immeasurable cost of Reglan side effects

The costs of these side effects can be felt emotionally, socially and financially as many suffering from severe side effects lose all desire and ability to function socially and in some cases even refuse to keep in touch with family and fail to function at work. Some suffering from Reglan side effects are unable to leave their homes; their symptoms create in them the need to behave like a recluse. Most related symptoms are incurable and many involve perpetual costs related to speech therapy and/or rehabilitation services to cope with severe symptoms or even expensive long term care.

Many Reglan claims allege that manufacturers of Reglan were aware of the dangers the side effects represented and that the Reglan manufacturers were neglectful in their failure to pass this information on to the public. The risks were misrepresented and warning signs failed to lead to proper investigation of safety risks. Many believe that the current Reglan litigation will, at last, hold the manufacturers responsible for their actions.

Reglan Settlement highlights

  • One recent Reglan lawsuit resulted in a $6.7 million awarded by the jury.
  • Reglan lawsuits handled by a New England law firm released information regarding a Reglan case for which the jury award was $1.6 million.
  • The same New England law firm released information regarding out-of-court settlements for Reglan lawsuits ranging from $1.2 to $5.2 million.
  • Many out-of-court settlement agreements hinge on confidentiality requirements.
  • Financial compensation will also depend heavily on specifics of the case at hand: seriousness and permanence injuries, misdiagnoses, emotional, physical and mental consequences as a result of side effects, etc.