DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
083850P.pdf 11/27/2009 Gladys Mensing v. Wyeth, Inc.
U.S. Court of Appeals Case No: 08-3850
U.S. District Court for the District of Minnesota - Minneapolis
[PUBLISHED] [Murphy, Author, with Wollman and Bye, Circuit Judges]
Civil case - products liability. Plaintiff's failure-to-warn claims against
the manufacturers of metoclopramide, the generic version of Reglan,
were not preempted by federal law; district court did not err in dismissing
plaintiff's claims against manufacturers of the name brand versions of
the drug, as they did not owe her duty of care since she never took name
brand versions of the drug and holding name brand manufacturers liable
for harm caused by generic manufacturers stretches the concept of
foreseeability too far.