La. Plaintiffs' Premature Med. Mal. Claims Against Physicians Does Not Warrant Remand

MINNEAPOLIS - The federal judge presiding over the Baycol MDL refused to remand two cases to Louisiana state courts after finding that the medical malpractice claims asserted against the prescribing physicians were premature at the time the complaints were filed. In re: Baycol Products Liability, MDL No. 1431 (D. Minn.).

Since the plaintiffs had not met Louisiana's requirements for bringing a malpractice action against the physicians at the time the complaint was filed, U.S. District Judge Michael J. Davis ruled in the Aug. 29 order that the physicians were fraudulently joined.

Under Louisiana law, plaintiffs seeking to pursue medical malpractice …