KELLOGG v. WYETH

Case No. 2:07-cv-82.

ETHEL KELLOGG, Plaintiff, v. WYETH, Individually and as Successor-in-Interest to A.H. ROBINS COMPANY, INC. and AMERICAN HOME PRODUCTS CORPORATION; SCHWARZ PHARMA, INC.; ACTAVIS, INC.; ACTAVIS-ELIZABETH, L.L.C.; ALPHARMA, INC.; PUREPAC PHARMACEUTICAL COMPANY, INC.; TEVA PHARMACEUTICALS, USA, INC.; BAR PHARMACEUTICALS, INC.; PLIVA, INC.; and DRUG COMPANY DOES 1 THROUGH 10, inclusive, Defendants.

United States District Court, D. Vermont.

February 3, 2012.


Attorney(s) appearing for the Case

Ethel Kellogg, Plaintiff, represented by Jerome F. O'Neill, Esq. , O'Neill Kellner & Green.

Ethel Kellogg, Plaintiff, represented by Leslie A. Brueckner , Trial Lawyers for Public Justice, P.C., Pro Hac Vice.

Ethel Kellogg, Plaintiff, represented by Louis M. Bograd , Center for Constitutional Litigation, P.C., Pro Hac Vice.

Ethel Kellogg, Plaintiff, represented by Ralph D. Pittle, Esq. , Medical Legal Consultants of Washington, Pro Hac Vice.

Wyeth, Individually and as Successor-In-Interest to A.H. Robins Company, Inc. and American Home Products Corporation, other, A.H. Robins Company, Inc., other, American Home Products Corporation, Defendant represented by Charles Leroy Casteel, Esq. , Davis Graham & Stubbs LLP, Pro Hac Vice.

Wyeth, Individually and as Successor-In-Interest to A.H. Robins Company, Inc. and American Home Products Corporation, other, A.H. Robins Company, Inc., other, American Home Products Corporation, Defendant, represented by Faith E. Gay, Esq. , Quinn Emanuel Urquhart & Sullivan, LLP.

Wyeth, Individually and as Successor-In-Interest to A.H. Robins Company, Inc. and American Home Products Corporation, other, A.H. Robins Company, Inc., other, American Home Products Corporation, Defendant, represented by Jeffrey R. Pilkington, Esq. , Davis Graham & Stubbs LLP.

Wyeth, Individually and as Successor-In-Interest to A.H. Robins Company, Inc. and American Home Products Corporation, other, A.H. Robins Company, Inc., other, American Home Products Corporation, Defendant, represented by Philip H. Butler, Esq. , Bradley Arant Boult Cummings LLP.

Wyeth, Individually and as Successor-In-Interest to A.H. Robins Company, Inc. and American Home Products Corporation, other, A.H. Robins Company, Inc., other, American Home Products Corporation, Defendant, represented by Robert B. Hemley , Gravel and Shea.

Schwarz Pharma, Inc., Defendant, represented by Henninger S. Bullock , Mayer Brown LLP.

Schwarz Pharma, Inc., Defendant, represented by Robert B. Hemley , Gravel and Shea.

Actavis, Inc., Defendant, represented by Henry E. Billingsley, II, Esq. , Tucker Ellis & West, Pro Hac Vice.

Actavis, Inc., Defendant, represented by Kristina Roomet, Esq. , Paul Frank + Collins PC.

Actavis, Inc., Defendant, represented by Richard A. Dean , Tucker Ellis & West, Pro Hac Vice.

Actavis, Inc., Defendant, represented by Stephen J. Soule , Paul Frank + Collins PC.

Actavis-Elizabeth, L.L.C., Defendant, represented by Henry E. Billingsley, II, Esq. , Tucker Ellis & West, Pro Hac Vice.

Actavis-Elizabeth, L.L.C., Defendant, represented by Kristina Roomet, Esq. , Paul Frank + Collins PC.

Actavis-Elizabeth, L.L.C., Defendant, represented by Matthew S. Borick , Downs Rachlin Martin PLLC.

Actavis-Elizabeth, L.L.C., Defendant, represented by Richard A. Dean , Tucker Ellis & West, Pro Hac Vice.

Actavis-Elizabeth, L.L.C., Defendant, represented by Stephen J. Soule , Paul Frank + Collins PC.

Alpharma, Inc., Defendant, represented by Henry E. Billingsley, II, Esq. , Tucker Ellis & West, Pro Hac Vice.

Alpharma, Inc., Defendant, represented by Kristina Roomet, Esq. , Paul Frank + Collins PC.

Alpharma, Inc., Defendant, represented by Richard A. Dean , Tucker Ellis & West, Pro Hac Vice.

Alpharma, Inc., Defendant, represented by Stephen J. Soule , Paul Frank + Collins PC.

Purepac Pharmaceutical Company, Inc., Defendant, represented by Henry E. Billingsley, II, Esq. , Tucker Ellis & West, Pro Hac Vice.

Purepac Pharmaceutical Company, Inc., Defendant, represented by Kristina Roomet, Esq. , Paul Frank + Collins PC.

Purepac Pharmaceutical Company, Inc., Defendant, represented by Richard A. Dean , Tucker Ellis & West, Pro Hac Vice.

Purepac Pharmaceutical Company, Inc., Defendant, represented by Stephen J. Soule , Paul Frank + Collins PC.

Teva Pharmaceuticals, USA, Inc., Defendant, represented by Matthew S. Borick , Downs Rachlin Martin PLLC.

Teva Pharmaceuticals, USA, Inc., Defendant, represented by Richard A. Oetheimer, Esq. , Goodwin Procter LLP, Pro Hac Vice.

Teva Pharmaceuticals, USA, Inc., Defendant, represented by U. Gwyn Williams , Goodwin Procter LLP, Pro Hac Vice.

Barr Pharmaceuticals, Inc., Defendant, represented by John D. Monahan, Jr. , Dinse, Knapp & McAndrew, P.C..

Barr Pharmaceuticals, Inc., Defendant, represented by Joseph P. Thomas , Ulmer & Berne LLP, Pro Hac Vice.

Barr Pharmaceuticals, Inc., Defendant, represented by Matthew S. Borick , Downs Rachlin Martin PLLC.

Barr Pharmaceuticals, Inc., Defendant, represented by Matthew V. Brammer , Ulmer & Berne LLP, Pro Hac Vice.

Barr Pharmaceuticals, Inc., Defendant, represented by Rex A. Littrell, Esq. , Ulmer & Berne LLP, Pro Hac Vice.

Barr Pharmaceuticals, Inc., Defendant, represented by Thomas G. McIntosh , Ulmer & Berne LLP, Pro Hac Vice.

Pliva, Inc., Defendant, represented by John D. Monahan, Jr. , Dinse, Knapp & McAndrew, P.C..

Pliva, Inc., Defendant, represented by Joseph P. Thomas , Ulmer & Berne LLP, Pro Hac Vice.

Pliva, Inc., Defendant, represented by Matthew S. Borick , Downs Rachlin Martin PLLC.

Pliva, Inc., Defendant, represented by Matthew V. Brammer , Ulmer & Berne LLP, Pro Hac Vice.

Pliva, Inc., Defendant, represented by Rex A. Littrell, Esq. , Ulmer & Berne LLP, Pro Hac Vice.

Pliva, Inc., Defendant, represented by Thomas G. McIntosh , Ulmer & Berne LLP, Pro Hac Vice.


MEMORANDUM OPINION AND ORDER

WILLIAM K. SESSIONS III, District Judge.

Plaintiff Ethel Kellogg has brought suit against the brand name and generic manufacturers of metoclopramide for injuries arising from her ingestion of the drug. She alleges that the medication caused her to develop tardive dyskinesia, a neurological disorder causing involuntary repetitive tic-like movements. Following the United States Supreme Court's decision in PLIVA, Inc. v. Mensing...

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