Pubdate: Sat, 27 Apr 2002 Source: Register-Herald, The (WV) Copyright: 2002 The Register-Herald Contact: http://www.register-herald.com/ Details: http://www.mapinc.org/media/1441 Author: Annette Z. Fox Bookmark: http://www.mapinc.org/find?186 (Oxycontin) RULINGS VINDICATE OXYCONTIN MAKER The manufacturer of the highly controversial painkiller OxyContin says it has scored a string of victories in various suits against the company and its representatives. Two of the cases were before federal judges in Beckley. "These victories continue to vindicate our policy of vigorously defending each and every one of these baseless lawsuits," said Howard Udell, executive vice president and general counsel for Purdue Pharma. "We have not and will not pay to settle these cases." Udell said one case has been closed by the court, and in another, the judge ruled the "plaintiff has no possibility of a recovery against our sales representative." In a third case, legal gimmicks failed, and pharmacies in West Virginia are protected from frivolous claims in the fourth, he continued. - ------ In Beckley, U.S. District Judge Chuck Chambers filed a seven-page order refusing to allow a case to go back to state court. Plaintiff Linda Jones had sought to move the case because one of the defendants - referred to as "Ross" in the order - shared citizenship with the plaintiff, the order reads. Shared citizenship is when the defendant and plaintiff reside in the same state. Jones attempted to have the case tried in state court, but Chambers overruled, keeping it in federal court. Charles L. Wade allegedly died from taking OxyContin, and as a result, Jones filed suit seeking recovery for his injuries and wrongful death. Jones is the personal representative of Wade's estate. Additionally, the order reads, Jones sought recovery for injuries she suffered as a result of Wade's death and her use of the drug. Jones claimed negligence, gross negligence, intentional infliction of emotional distress, negligent infliction of emotional distress, strict liability in tort, breach of an express warrant, breach of implied warranties and a violation of the state Consumer Credit and Protection Act. Jones filed the suit against Purdue Pharma and "Ross" individually as a drug sales representative for the company. The "allegation lodged against 'Ross' is that he was pushing sales of OxyContin for his employer," the order reads. However, Purdue Pharma alleged Jones added "Ross" "fraudulently to defeat diversity jurisdiction," but Jones denied the allegation. In order to establish diversity jurisdiction, the judge continued in the report, none of the plaintiffs may share citizenship with defendants. Chambers, in his ruling, said, "West Virginia law holds only the seller liable for strict liability in tort, breach of express and implied warranties and the violation of the West Virginia Consumer Credit and Protection Act." The complaint, he continued, failed to allege "Ross" sold, manufactured or distributed OxyContin. - ------ Also in Beckley, U.S. District Judge David Faber denied a plaintiff's motion to remand a case to state court, "sustaining federal jurisdiction in part upon a finding that a West Virginia pharmacy that had been named as a defendant in the case could not be held liable for selling OxyContin as alleged under any principle of (state) law." Faber also found the plaintiff had fraudulently joined the pharmacy and also dismissed the case against the pharmacy. - ------ Udell said Purdue Pharma is leading the fight against prescription drug abuse. "We will not, however, accept legal responsibility when our product is misused, abused or obtained illegally. Personal injury lawyers who attempt to use human loss to realize financial windfall will be sorely disappointed." - --- MAP posted-by: Jay Bergstrom