Judge Grants Remand In Light of Procedural Prematurity of Medical Malpractice Claims

NEW ORLEANS - U.S. District Judge Marcel Livaudais, Jr., remanded a suit filed by a woman who claims she sustained 'significant liver injuries' as a result of using Serzone. The judge rejected the manufacturer's argument that the prescribing physician and pharmacy were fraudulently joined to the suit. Shawn Ochoa v. Bristol-Myers Squibb Co., et al., No. 03-0105 (E.D. La.).

Judge Livaudais opined that although the plaintiff was procedurally barred from pursuing medical malpractice claims against the non-diverse defendants under the Louisiana Medical Malpractice Act, the complaint still asserts viable causes of action against the pharmacy and the physician, the Feb. …