Judge Rules Plaintiffs' Failed to Sufficiently Plead Claims Against Physicians

MINNEAPOLIS - A federal judge found that two Mississippi physicians were fraudulently joined to two Baycol injury cases because the main thrust of the plaintiffs' complaints focused on Bayer's alleged concealment of the risks associated with the cholesterol-lowering drug. In re: Baycol Products Liability Litigation, MDL No. 1431 (D. Minn.).

U.S. District Judge Michael J. Davis' Dec. 18 order denied the plaintiffs' motions to remand, finding that the doctors could not be found liable for failing to warn of unknown risks if the manufacturer allegedly withheld the dangers of the drug from the medical community and public at large.

'The …