Plaintiffs Move to Remand Arguing Pharmacist is Not Fraudulently Joined

LAKE CHARLES, La. - The parents of a child whose death was allegedly caused by a Remicade-induced infection moved to remand their wrongful death case arguing that the pharmacist who allegedly left the drug unrefrigerated before dispensing it to the administering doctor was not fraudulently joined. Sam Lyons, et al., v. Centocor, Inc., et al., No. 03-CV-1643 (W.D. La., Lake Charles Div.).

The plaintiffs' Sept. 24 motion stated that the pharmacist had a duty to properly store and maintain the drug, and to advise health care professionals about its proper administration.

In their original complaint, plaintiffs Sam and Patricia Lyons …