Pharmacist Found Properly Joined for Not Including 'Patient Insert'

NEW ORLEANS - A federal judge in Louisiana has remanded a widower's claims against Wyeth, Sandoz Pharmaceuticals and a pharmacist, finding that because the pharmacist failed to include a "Patient Insert" of warnings with the decedent's prescription, she is not fraudulently joined. Stanley, et al. v. Wyeth, et al. No. 2:06-cv-1979 (E.D. La.).

The U.S. District Court for the Eastern District of Louisiana remanded Howard Stanley's claims to the Louisiana's 24th Judicial District Court for the Parish of Jefferson on Sept. 8, finding that pharmacist Elizabeth H. Smith's failure to include a "Patient Insert" of warnings on Stephanie Ann A. …