Oxycontin Maker Claims Plaintiff Improperly Joined Physician, Insurer

NEW ORLEANS-The manufacturers of Oxycontin have removed a product liability claim filed against the alleging that a Louisiana man fraudulently joined his prescribing physician, her alleged employer and the physician's insurance carrier to the complaint in an effort to defeat diversity jurisdiction. Thomas v. Clegget-Lucas, et al., No. 02-2497 (E.D. La.).

The August 12 removal notice states that the improper joinder is evident because the plaintiff failed to provide legally sufficient causes of action against the physician, and because the amount in controversy exceeds $75,000. Thomas claims that the he became addicted to Oxycontin when it was prescribed to him …