Judge Adopts Magistrate's Recommendation to Deny Remand, Dismiss Pharmacist

LAKE CHARLES, La. - A federal judge recently adopted a magistrate's recommendation to deny remand of a Remicade wrongful death case, finding that the pharmacist who dispensed the vials of the biologic treatment was fraudulently joined. Sam Lyons v. Centocor Inc., et al., No. 03-CV-1643 (W.D. La.).

In addition, U.S. District Judge James T. Trimble, Jr.'s Feb. 20 judgment dismissed with prejudice the plaintiffs' claims against pharmacist Mike Cannon.

Plaintiffs Sam and Patricia Lyons sued Remicade manufacturer Centocor on May 2, 2003, claiming that the biologic treatment for Crohn's disease caused their daughter, Cynthia, to suffer a fatal allergic reaction …