Judge Remands Proposed Statewide OxyContin Class Action Suit

CHARLESTON, W. Va. - A physician who allegedly worked for Purdue Pharma and Abbott Laboratories and later prescribed OxyContin to the lead plaintiff in a proposed statewide class action against the manufacturer was not fraudulently joined to the suit, a federal judge has ruled. Clarence Dixon, et al., v. Purdue Pharma, L.P., et al., No. 03-0067 (S.D. W. Va.).

Senior U.S. District Judge Elizabeth V. Hallanan's decision to remand the class action states that plaintiff Clarence Dixon could recover damages from defendant Dr. Louis Ortenzio, M.D., for claims of medical negligence and product liability. As a result, the April 24 …