Fla. Federal Judge Dismisses Dilatin Injury Action, Allows Plaintiffs to Amend

TAMPA, Fla. — A Florida federal judge has dismissed without prejudice a lawsuit filed by several individuals who allege injuries caused by the anti-seizure drug Dilatin, ruling that the complaint is a shotgun pleading because it is confusing and does not differentiate between the defendants.

However, in the Feb. 19 order, Judge Tom Barber of the U.S. District Court for the Middle District of Florida found there are questions of fact as to whether the plaintiffs’ claims are time-barred.

At various times beginning in the 1970s, Luz Rosado-Cabrera, June Brend, Cathy Seidenstein, Gary Poley, Mark Adams, Richard George, and Gerard …