Statute of Limitations Issues Arising from Med Mal Claims Are an Issue for State Court, Judge Rules

MINNEAPOLIS - A federal judge remanded two Baycol product liability cases after ruling that statute of limitation issues arising out of the plaintiffs' medical malpractice claims against their physicians should be resolved in state court. In re: Baycol Products Liability Litigation, MDL. No. 1431 (D. Minn.).

In rendering his decision, U.S. District Judge Michael J. Davis rejected Bayer's argument that the non-diverse defendants were fraudulently joined. The drug maker argued that the plaintiffs could not recover damages from the non-diverse defendants since the dates of injury specified in the plaintiffs' complaints are outside the two-year statute of limitations.

The plaintiffs …