Federal Judge Rules Physicians Not Fraudulently Joined, Grants Motion to Remand

NEW ORLEANS - A man who allegedly sustained injuries stemming from his addiction to OxyContin can pursue medical malpractice claims against the physicians who prescribed him the drug, a federal judge ruled in an order entered on March 31. Keith Dugas v. Jacqueline Clegget-Lucas, M.D., et al., No. 02-1339 (E.D. La.).

U.S. District Judge Lance Africk denied a summary judgment motion filed by Jacqueline Clegget-Lucas, M.D., and JCL Enterprises, as well as motions to dismiss filed by the remaining non-diverse physicians.

On March 7, 2002, plaintiff Keith Dugas filed suit against Purdue Pharma, the manufacturer of OxyContin, Abbott Laboratories, a …