The state Supreme Court has denied a group of drugmakers’ request that the Superior Court be ordered to hear their discretionary appeals on the issue of whether federal law pre-empts the claims of at least 2,000 plaintiffs that their use of generic versions of metoclopramide caused them to have an incurable neurological disorder called tardive dyskinesia.
But the frontline appeals court is scheduled to consider whether the cases may be taken up under the collateral order doctrine. The cases are listed to be argued on October 30 or 31.
