Calif. Judge Remands Effexor Case; Finds McKesson Not Fraudulently Joined

SACRAMENTO, Calif. - A California federal magistrate judge has remanded an Effexor birth defect case to state court, finding nondiverse defendant McKesson Corp. was not fraudulently joined because it is not shielded from liability by the learned intermediary doctrine.

On May 29, Magistrate Judge Jennifer L. Thurston of the U.S. District Court for the Eastern District of California further noted that under California law, all of the participants in the chain of distribution can be strictly liable for injuries caused by a defective product.

A.S., by and through his guardian Ellen Scusa, sued Pfizer and McKesson, a distributor, in the …