Eckhardt, et al. v. Qualitest Pharmaceuticals, Inc., et al., No. 13-40151 (5th Cir. 2014)Annotate this Case
Plaintiff filed various products liability and general tort claims against the Brand Defendants - who initially developed and received FDA approval for metoclopramide - and Generic Defendants - who manufactured and sold the product that plaintiff used. Plaintiff alleged that as a result of his prolonged use of the drug metoclopramide, he developed tardive dyskinesia. On appeal, plaintiff challenged the district court's dismissal of his claims against the Brand Defendants and grant of summary judgment to the Generic Defendants. The court held that plaintiff's products liability claims against the Generic Defendants were preempted under the holdings and reasoning of PLIVA, Inc. v. Mensing and Mutual Pharmaceutical Co., Inc. v. Bartlett, and that plaintiff failed to adequately plead any parallel claims. The court also held that plaintiff's claims against the Brand Defendants failed because plaintiff did not use the Brand Defendants' products and because Texas did not recognize a duty to a consumer who uses a competitor's products. Accordingly, the court affirmed the district court's dismissal of plaintiff's claims against the Generic Defendants and grant of summary judgment to the Brand Defendants.
The court issued a subsequent related opinion or order on May 15, 2014.