Judge Remands Case Despite Argument That Plaintiff's Claims Against Physician Are Prescribed

NEW ORLEANS - A Louisiana woman's OxyContin-related injury case was remanded by a federal judge who found that the manufacturer's contentions that the plaintiff's claims against her physician were prescribed could be argued at a later time. Judy W. Bussias v. Jacqueline Clegget-Lucas, M.D., et al., No. 03-0390 (E.D. La.).

U.S. District Judge Lance Africk's Feb. 2 order stated that OxyContin manufacturer Purdue Pharma's objection is fact intensive and requires a full evidentiary hearing to determine whether the plaintiff's claims against the physician are viable.

'The district court's task in analyzing whether a party is fraudulently joined is not to …