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Hogue v. Pfizer, Inc.

United States District Court for the Southern District of Ohio, Eastern Division

September 27, 2012, Filed

Case No. 2:10-cv-805

Opinion

 [*915]  OPINION AND ORDER

Plaintiff in this diversity action asserts several product liability claims under Ohio law, arguing her ingestion of a prescription drug, metoclopramide, caused her to develop a neurological system disorder known as tardive dyskinesia. The Defendants that manufacture the brand-name version of metoclopramide ("Brand Defendants"), move for summary judgment on the ground that Plaintiff never ingested brand-name metoclopramide; rather, she ingested only the generic version of metoclopramide. ECF Nos. 70 and 72. For the following reasons, the Court grants the Brand Defendants' summary judgment motions.

I. BACKGROUND

A. The Parties

Plaintiff Donna Hogue is an individual resident and citizen of Ohio. The Brand Defendants Schwartz Pharma, n/k/a UCB, Inc. ("Schwartz"), Pfizer, Inc. ("Pfizer"), and Wyeth LLC ("Wyeth") manufactured Reglan®, the brand-name version of metoclopramide. The parties stipulate Ms. Hogue never ingested Reglan®; rather, she ingested only the generic version of metoclopramide, which the Brand Defendants did not manufacture.

In  [**3] late 2000, Ms. Hogue's physician prescribed Reglan® to treat Ms. Hogue's abdominal pain and digestive problems. Ms. Hogue then began to take generic metoclopramide and continued to do so until about August 2009. By March 2009, Ms. Hogue was exhibiting abnormal movements which she avers were caused by her ingestion of metoclopramide. She specifically asserts her ingestion of metoclopramide caused her to develop tardive dyskinesia, a neurological movement disorder.

Metoclopramide is intended for short term treatment of gastroesophageal reflux and recurrent diabetic gastric stasis. Short term means twelve weeks or less. Patients taking metoclopramide for longer periods face an increased risk they will develop tardive dyskinesia. The thrust of Ms. Hogue's claims is that despite mounting evidence, the Brand Defendants failed to warn doctors and patients of the degree of risk associated with long term ingestion of metoclopramide.

Ms. Hogue filed this action on September 9, 2010, asserting the following claims under Ohio law: (1) negligence; (2) strict liability; (3) breach of warranties; (4) misrepresentation and fraud; (5) negligence per se; and (6) gross negligence.

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893 F. Supp. 2d 914 *; 2012 U.S. Dist. LEXIS 187904 **

Donna Hogue, Plaintiff, -v- Pfizer, Inc., et al., Defendants.

Prior History: Hogue v. Pfizer, Inc., 2011 U.S. Dist. LEXIS 100201 (S.D. Ohio, Sept. 6, 2011)

CORE TERMS

metoclopramide, manufacturer, ingestion, abrogates, misrepresentation, advertising, concealment