Loss of Consortium Claims are Time-Barred, Tennessee Magistrate Rules

NASHVILLE, Tenn. - A federal magistrate judge has refused to allow plaintiffs to add loss of consortium claims to their complaints in the Aredia/Zometa litigation, ruling that the claims are barred by the applicable statutes of limitations. In re Aredia and Zometa Product Liability Litigation, No. 3:06-md-1760 (M.D. Tenn.).

On Sept. 22, Magistrate Judge Joe B. Brown of the U.S. District Court for the Middle District of Tennessee ruled that the loss of consortium claims are new, rather than derivative, claims and are therefore time-barred.

Plaintiffs Sandra Thorn, Brenda Arbuckle, Gian Casali and Larry Wood sought to amend their complaints …