Calif. Federal Judge Remands Paxil Birth Defect Case to State Court, Finds McKesson Not Fraudulently Joined

SACRAMENTO, Calif. — A California federal judge has remanded a Paxil birth defect case, ruling a possibility exists that the plaintiffs can prevail on their claims against nondiverse defendant McKesson Corp.

In an Aug. 6 order, Judge Troy L. Nunley of the U.S. District Court for the Eastern District of California explained that he cannot disregard the California citizenship of McKesson, therefore diversity is lacking.

Alice Plummer sued GlaxoSmithKline and drug distributor McKesson in the Sacramento County Superior Court, alleging her use of Paxil (paroxetine hydrochloride) while pregnant caused her son to be born with serious birth defects, including …