Dr Clegget

Full title: CHANDRA JOHNSON v. JACQUELINE CLEGGETT-LUCAS, M.D., et al

Court: United States District Court, E.D. Louisiana

Date published: Mar 12, 2003

Facts

On May 14, 2002, plaintiff, Chandra Johnson (“Johnson”), filed a petition in the Civil District Court for the Parish of Orleans, State of Louisiana, alleging that she sustained injuries as a result of ingestion of and addiction to OxyContin, a prescription medication. She sued Dr. Jacqueline Cleggett-Lucas, her physician who prescribed the OxyContin, J.C.L. Enterprises, L.L.C. (“JCL”), Dr. Cleggett-Lucas’ corporation which employed her, and Continental Casualty Company (“Continental”), which insured Dr. Cleggett-Lucas, alleging that they committed medical malpractice in conjunction with their treatment of the plaintiff. Plaintiff also sued Purdue Pharma, Inc., Purdue Pharma, L.P., Purdue Frederick Company, and Abbott Laboratories, Inc. (“Purdue-Abbott”), the manufacturers, designers and marketers of OxyContin, alleging various state law claims. In addition, plaintiff sued the Great Atlantic Pacific Tea Company, Inc., d/b/a/ Sav-A-Center, the pharmacy which filled plaintiff’s OxyContin prescriptions, also alleging state law claims.

Issue

Decision

IT IS ORDERED that motion of plaintiff, Chandra Johnson, to remand is GRANTED. IT IS FURTHER ORDERED that the motion of defendants, Dr. Cleggett-Lucas, JCL, and Continental, for summary judgment is DENIED WITHOUT PREJUDICE to the defendants’ right to reurge the motion in state court.

IT IS FURTHER ORDERED that the request of defendants, Purdue Pharma, L.P., The Purdue Frederick Company, and Purdue Pharma, Inc., for leave to conduct discovery is denied.

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