Widow Pled Valid Claims Against Prescribing Physician, Judge Says

WICHITA, Kan. - A Kansas judge has ruled that a widow may proceed with her wrongful death suit in state court because her complaint advances valid claims against the non-diverse physician who allegedly prescribed Bextra and Arthrotec to her husband. Storlien v. Weigand, et al., No. 05-1283 (D. Kan.).

In an Oct. 25 order, Judge J. Thomas Marten of the U.S. District Court for the District of Kansas held that Doris Storlien alleged a sufficient medical malpractice claim against the doctor, thereby precluding the district court's jurisdiction over the case.

Storlien sued Dr. Joel Weigand, in addition to Bextra and …