Judge Rules Pa. Woman's Med Mal Claims Not Time-Barred, Grants Motion to Remand

PHILADELPHIA - A federal judge remanded an OxyContin products liability suit after finding that a woman's medical malpractice claims against the physician who prescribed the pain reliever were colorable and that her claims are not barred by the two-year statute of limitations. Joann Walsh and Donald Walsh v. David Tabby, D.O., et al., No. 02-8283 (E.D. Pa.).

In an order entered on April 17, U.S. District Judge Robert F. Kelly opined that plaintiff Joann Walsh did not become aware of the physician's negligence until Oct. 10, 2001, when she was approached by two agents from the Attorney General's office regarding …