Plaintiffs' Claim that Enbrel-Related Injuries Occurred in Different State Leads to Dismissal Without Prejudice



DOCUMENTS
  • Complaint
  • Reply in Support of Motion to Dismiss
  • Ruling


LAKE CHARLES, La. - A federal judge in Louisiana dismissed without prejudice a suit filed by a man who allegedly sustained injuries as a result of using Enbrel after the plaintiff conceded that his injuries initially occurred in Missouri. John Robert Hite, et al, v. Immunex Corp., et al., No. CV02-2266-LC (W.D. La., Lake Charles Div.).

In a ruling entered on April 17, U.S. District Judge James T. Trimble, Jr., found that plaintiff John Hite could re-file his claim in Missouri, but failed to state a claim upon which relief can be granted under Louisiana law pursuant to Fed. R. …






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