Magistrate Judge Opines Pharmacy Defendants Are Fraudulently Joined; Recommends Denial of Motion to Remand

BATON ROUGE, La. - A U.S. Magistrate Judge concluded that the pharmacists who filled a woman's prescription for Arava were fraudulently joined to her suit against the manufacturer of the rheumatoid arthritis drug because under Louisiana law they are not obligated to warn patients of potential side effects.Carol Guidry, et al., v. Aventis Pharmaceuticals, Inc., et al., No. 03-493-C-1 (M.D. La.).

In a report and recommendation filed Sept. 17, U.S. Magistrate Judge Stephen C. Riedlinger wrote that the plaintiffs' motion to remand should be denied because under Louisiana law, pharmacists are only required to fill the prescription correctly, advise …