Magistrate Opines Pharmacist Who Dispensed Remicade is Fraudulently Joined

LAKE CHARLES, La. - A magistrate judge opined that a pharmacist, who allegedly dispensed three unrefrigerated vials of Remicade that may have caused a young girl's death, was fraudulently joined to the parents' wrongful death suit against the manufacturer. Sam Lyons and Patricia Lyons v. Centocor, Inc., et al. No. 03-CV-1643 (W.D. La., Lake Charles Div.).

U.S. Magistrate Judge Alonzo P. Wilson's Jan. 6 report and recommendation stated that the plaintiffs failed to establish a cause of action against the pharmacist under Louisiana law, which states that a pharmacist's duties are limited to filling the prescription correctly, warning the patient …