SLIDELL, LA - The United States Supreme Court will hear a Slidell woman's case against a generic drug manufacturer next week.
Julie Demahy's doctors and attorneys believe long term use of a generic drug led to Parkinson's-like side effects.
"My case it's mostly neck up, and in my right arm," Julie Demahy said inside her home Thursday afternoon.
She will be unable to attend the Supreme Court hearing because of her condition, called Tardive Dyskinesia, a neurological movement disorder.
Julie Demahy takes drugs to minimize the symptoms, which she describes as "jerking," but for now there is no cure.
She said, the jerking caused her stop working, stop driving and makes virtually everything harder.
"It's very difficult to do minor tasks," Julie Demahy said. "I'm not able to babysit my grandchildren, so I'm missing out on a lot of things."
From 2002 to 2006, Julie Demahy said, she took Metoclopramide, the generic form of the drug Reglan, for acid reflux.
She began noticing side effects, she added, in 2007.
"No one should have to go through this," she added.
Her attorneys sued the generic drug manufacturer, a Delaware company named Actavis.
Attorneys argue, Actavis knew of the possible side effects of Metoclopramide years ago, but failed to warn people like Julie Demahy.
"The evidence is pretty clear," attorney Brian Glorioso said. "from what we have seen, that the drug manufacturer had knowledge, prior to Ms. Demahy taking this drug, that these side effects would occur in long term use."
"The risk of developing Tardive Dyskinesia was much greater, in fact, 100 times greater than what was on the label," attorney Kristine Sims added.
For now, companies making generic drugs are not liable for damages like companies making name brand drugs, and that is what Julie Demahy and her attorneys hope the U.S. Supreme Court will change.
"I think it would be an absurd result," Brian Glorioso said, "for the Supreme Court to hold the name-brand manufacturers to one standard and the generics to another."
If the high court rules in Julie Demahy's favor, she and potentially many others, would then be allowed to sue the generic drug manufacturers for damages in state court.
Arguments are Wednesday, March 30.
Attorneys for Julie Demahy said, they hope to get a ruling from the Supreme Court this summer.
