Plaintiffs Argue Law Doesn't Insulate Distributor Defendants from Liability

SAN FRANCISCO - Plaintiffs in the federal Bextra/Celebrex MDL have asserted that unlike "the specifically carved out exception for pharmacies," distributor defendants such as McKesson Corp. are not shielded from liability under California law. In Re: Bextra and Celebrex Marketing, Sales Practices and Products Liability Litigation, MDL No. 1699 (N.D. Calif.).

In a March 30 motion to remand their claims to state court, Linda Annen and 14 other plaintiffs say they did not fraudulently join California-based McKesson in order to defeat diversity jurisdiction in their lawsuit that also names manufacturing defendants Pfizer Inc. and Pharmacia & Upjohn Inc.

The plaintiffs …