Judge Says Hospital Fraudulently Joined to Zyprexa Wrongful Death Action

BROOKLYN, N.Y. - A hospital sued over the wrongful death of a woman who suffered a heart attack after taking Zyprexa was fraudulently joined to the complaint, a federal judge has ruled after determining that the plaintiffs failed to abide by statutory requirements for suing a community hospital. Brown v. Noxubee General Hospital, et al., No. 08-3249 (E.D. N.Y.).

Judge Jack B. Weinstein ruled Oct. 10 that Noxubee General Hospital can't be sued under the Mississippi Tort Claims Act (MTCA) for allegedly contributing to the death of Dorothy Brown because Brown's estate waited too long to file a notice of …