Fla. MDL Judge Remands Accutane Case To Calif. State Court

TAMPA, Fla. - A Florida federal multidistrict litigation judge remanded an Accutane lung injury case to California state court after determining that the plaintiff may prevail on her claims against a distributor defendant under California law. Shellhammer v. Roche Laboratories Inc., et al., No. 8:07-CV-2365 (M. D. Fla.).

Judge James S. Moody Jr. of the U.S. District Court for the Middle District of Florida rejected the defendants' position that the California defendant was fraudulently joined.

In June 2007, Carrie Shellhammer sued Merck & Company Inc., Roche Laboratories Inc., Hoffmann-La Roche Inc. and Doe California Pharmaceutical Cos. in the San Francisco …