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PHELPS v. WYETH, INC.

Civ. No. 6:09-cv-06168 TC.

938 F.Supp.2d 1055 (2013)

Betty PHELPS and Delbert Phelps, Plaintiffs, v. WYETH, INC.; Schwarz Pharma, Inc.; Pliva USA, Inc.; Northstar RX, LLC; and Alaven Pharmaceutical, LLC, Defendants.

United States District Court, D. Oregon.

April 2, 2013.

Attorney(s) appearing for the Case

Daniel J. McGlynn , Terrence Joseph Donahue, Jr. , McGlynn Glisson & Mouton, LLP, Baton Rogue, LA, Leslie W. O'Leary , Michael L. Williams , Thomas B. Powers , Steven B. Seal , Williams Love O'Leary & Powers, PC, Beaverton, OR, William B. Curtis , Curtis Law Group, Dallas, TX, for Plaintiffs.

Joseph P. Thomas , Tiffany Reece Clark , Ulmer & Berne LLP, Cincinnati, OH, Rex A. Littrell , Ulmer & Berne LLP, Columbus, OH, Susan E. Watts , Kennedy Watts Arellano & Ricks, LLP, Portland, OR, for Defendants.

OPINION AND ORDER

AIKEN, Chief Judge.

Plaintiffs bring this action alleging Betty Phelps was injured after ingesting a generic version of the prescription drug metoclopramide manufactured by Pliva from 2004 through 2007. Specifically, plaintiffs alleged that Pliva was negligent by failing to adequately warn Mrs. Phelps of the dangers of using metoclopramide and by failing to update its product label in 2003 and 2004 to match the warning on the brand-name...

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