Statute of Limitations Defense Must Be Pled in Order to Prevail on Fraudulent Joinder Claim, Judge Rules

DALLAS -Two physicians accused of medical negligence can be found liable for causing two women to develop valvular heart disease after using fen-phen because Wyeth, the manufacturer of the drug, failed to show that the plaintiffs' claims are barred by the two-year statute of limitations. Debra Rogers-Gamble and Margaret Creeger Hamilton v. Wyeth, et al., No. 03-CV-1282-K (N.D. Texas, Dallas Div.).

In granting the plaintiffs' motion to remand, U.S. District Judge Ed Kinkeade stated in the July 31 order that the physicians were not fraudulently joined because they have yet to file an answer to the complaint asserting a statute …