STORY FROM: Drugs & Medical Devices
Pharmacy That Sold OxyContin Was Fraudulently Joined, Federal Judge Rules
April 30, 2002
CHARLESTON, W.Va. - A federal judge in West Virginia has refused to remand an OxyContin class action based on his finding that a pharmacy was fraudulently joined to the complaint after being added two weeks after the original was filed. Baker v. Purdue Pharma L.P., et al., No. 1:01-0553 (S.D. W.Va.).
In a March 28 decision, U.S. District Judge David A. Faber of the Southern District of West Virginia also dismissed the pharmacy from the lawsuit, ruling that the plaintiffs' lawsuit is void of any viable claims insofar as the retailer could be found liable under West Virginia law....