Pharmacy Defendant Can't be Sued for Bextra Heart Attack, Manufacturers Say

EAST ST. LOUIS, Ill. - Defendants in a Bextra personal injury action have opposed a motion to remand the suit, arguing that the plaintiffs have failed to allege a viable cause of action against the non-diverse pharmacy named as a defendant in the case. Dulle v. Pharmacia & Upjohn Company, et al., No. 05-386 (S.D. Ill.).

According to a brief filed July 28 in the U.S. District Court for the Southern District of Illinois, plaintiff Maurice Dulle has fraudulently named the in-state pharmacy, Prescriptions Plus, in an effort to destroy diversity. Defendants Pfizer, Pharmacia & Upjohn and G.D. Searle contend …