Redhibition Claims Against Pharmacy Enough to Defeat Diversity Jurisdiction in PPA Cases, Judges Rules

NEW ORLEANS - Federal judges in Louisiana have agreed to remand lawsuits filed by two plaintiffs after finding that a defendant pharmacy named in the complaints was a good faith seller of the product that allegedly caused the plaintiffs' PPA-related injuries. Andres Bardales, et al., v. Whitehall-Robbins Health Care, et al., No. 01-3487; Jacqueline Coleman v. Bayer Corp., et al., No. 02-333 (E.D. La.).

As a result, U.S. District Court Judges Mary Ann Vial Lemmon and Carl J. Barbier of the U.S. District Court for the Eastern District of Louisiana ruled the pharmacy was not fraudulently joined as had been …