STORY FROM: Drugs & Medical Devices

1st Amended Complaint in Fla. Lexiscan Action Dismissed as ‘Shotgun Pleading’

FORT MYERS, Fla. — A Florida federal judge has dismissed without prejudice a pro se plaintiff’s first amended complaint in a Lexiscan injury action, ruling that it constitutes a “shotgun pleading” even under the more liberal standard applied to pro se complaints.

On April 25, Judge John E. Steele of the U.S. District Court for the Middle District of Florida directed the plaintiff to set forth his causes of action for “negligence and misrepresentation” in two separate counts in his second amended complaint.

In a complaint originally filed in the Lee County (Fla.) District Court, Peter Gerold alleges that during ...

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