Medical Negligence Claim Asserted Against Physician Deemed Conclusory, Judge Denies Motion to Remand

JACKSON, Miss.- A Mississippi man's wrongful death suit, which asserted claims against the manufacturer of Vioxx and the physician who prescribed the drug to his mother, will remain in federal court after a district judge ruled that the doctor was fraudulently joined to defeat complete diversity. Frank Omobude v. Merck & Co., Inc., et al., No. 03-CV-528 (S.D. Miss., Jackson Div.).

U.S. District Judge Thomas Lee's Oct. 3 opinion and order concluded that plaintiff Frank Omobude's complaint failed to provide sufficient facts to support his medical negligence claim against Dr. Robert Evans.

"Every factual allegation this plaintiff has made is …