Federal Judge Says Removal of Painkiller Patch Action was Timely

ATLANTA - Defendants' removal of a Duragesic patch wrongful death action to federal court was not untimely because their filing was within 30 days of their receipt of a transcript revealing that the plaintiff was seeking more than $75,000 in damages, a Georgia federal judge has ruled. Middlebrooks v. Johnson & Johnson Co., et al., No. 4:08-CV-54 (M.D. Ga.).

Judge Clay D. Land of the U.S. District Court for the Middle District of Georgia ruled on Aug. 29 that because the complaint did not indicate how much the plaintiff was seeking, the deadline for removal was extended.

In May 2007, …