Judge Remands Case Finding Plaintiff Can Proceed with Claims Against Physician, Sales Rep

LAFAYETTE, La. - A federal judge remanded a case involving a woman who claims her physician failed to adequately warn her about Topamax's ability to cause severe and debilitating eye injuries, after finding that the physician was properly joined even though the Louisiana Medical Review Panel (LMRP) has yet to render a decision. Tyrelle Daly v. Ortho-McNeil Pharmaceutical, et al. No. 03-1018 (W.D. La.).

U.S. District Judge Rebecca F. Doherty's Dec. 19, 2003, ruling stated that remand would serve both the litigants and judicial economy because practical considerations weigh in favor of finding that the physician is not fraudulently joined. …