Plaintiff's Medial Malpractice Claim against Physician is not Time-Barred, Judge Grants Motion to Remand

PHILADELPHIA - A woman who allegedly developed heart valve damage as a result of ingesting Pondomin can pursue medical malpractice claims against the physician who prescribed the diet drug even though she filed her complaint almost three years after she stopped taking the drug, a federal judge recently ruled. In re: Diet Drugs Products Liability Litigation, MDL No. 1203 (E.D. Pa.).

U.S. District Judge Harvey J. Bartle III remanded the action Jan. 17 to the Superior Court of the District of Columbia on grounds that the physician was not fraudulently joined to defeat diversity jurisdiction. Judge Bartle found that the …