Although the statute of limitations varies from state to state, many lawyers say they count the statute as running from the day the US Food and Drug Administration's black box warning was announced for Reglan. To be safe, most patients should expect a two-year statute of limitations in cases where a drug is alleged to have caused harm to a patient.
This means that patients have approximately six months to file a lawsuit. After that, an attorney has to set up a case and ensure he or she has all the necessary facts and documents. That can be a time-consuming process which requires that patients come forward months before the statute of limitations runs out.
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Some Reglan lawsuits are moving forward. The New Jersey Supreme Court has ruled that all lawsuits concerning Reglan in New Jersey will be consolidated. Meanwhile, new lawsuits are being filed against both name brand and generic makers of Reglan (called metoclopramide).
Reglan was approved as a short-term treatment of gastroesophageal reflux disease (GERD). Some patients, however, were put on the medication for much longer than the recommended 12 weeks. Those at the highest risk of developing tardive dyskinesia and other side effects are patients who took Reglan for longer than the recommended time.