Doctor Accused of Failing to Diagnose Baycol-Induced Injury not Fraudulently Joined, Judge Rules

MINNEAPOLIS - A physician who allegedly failed to properly diagnose and treat the adverse events a woman experienced after using Baycol was not fraudulently joined to her suit against the manufacturer, ruled a federal judge who remanded the case to state court. In re: Baycol Products Liability Litigation, MDL No. 1431 (D. Minn.).

U.S. District Judge Michael J. Davis stated in the July 18 order that plaintiff Shirley Spencer sufficiently plead that Dr. John Downer proximately caused her injuries and that he knew or should have known of the risks associated with the cholesterol-lowering drug.

According to her lawsuit, Dr. …