Baycol Pharmaceutical Sales Rep Wasn't Fraudulently Joined, Judge Rules

CORPUS CHRISTI, Texas - A Texas man's Baycol products liability suit was remanded to state court after a federal judge decided that the plaintiff could pursue claims against the sales representatives who provided information about the cholesterol-lowering drug to his physician. Hollis W. Haltom, et al., v. Bayer Corporation, et al., No. C-03-008 (S.D. Texas, Corpus Christi Div.).

U.S. District Judge Janice Graham Jack's Jan. 15 order states that the plaintiff's failure to warn claims could survive under the learned intermediary doctrine because his physician relied on the information supplied by the company's sales representatives when prescribing the drug.

In …