Judge Remands Effexor Birth Defect Case to Calif. State Court; Finds McKesson Potentially Liable

SACRAMENTO, Calif. — A California federal judge has remanded an Effexor birth defect action to state court, finding nondiverse defendant McKesson Corp. was not fraudulently joined because it is not shielded from liability for failure to warn of the drug’s risks.

On July 3, Judge William Shubb of the U.S. District Court for the Eastern District of California held that neither comment k of the Restatement (Second) of Torts, nor federal preemption bars the claims against the drug distributor.

Amanda Hatherley, a California resident, brought a wrongful death action against Pfizer Inc. and McKesson in the Shasta County (Calif.) Superior …