Plaintiffs' Failure to Comply with State Malpractice Act Warrants Dismissal of Physicians

MINNEAPOLIS-Two physicians were each dismissed from Baycol products liability actions based on the plaintiffs' failure to comply with a Utah statute that requires a pre-litigation hearing concerning allegations of medical malpractice. In re: Baycol Products Liability Litigation, MDL No. 1431 (D. Minn.).

The plaintiffs in case No. 02-923, captioned Frank and Betty Talbot v. Bayer Corp., et al., and case No. 02-925, Moffat v. Bayer Corp. et al., sought to remand their product liability cases and pursue medical malpractice claims against Dr. Almony and Dr. Randall Steinfeldt, respectively. U.S. District Judge Michael J. Davis denied each plaintiff's motion to remand …