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.

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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.

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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."
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MAP posted-by: Jay Bergstrom