Janssen Pharmaceutica Inc., et al. v. Scott
| Docket Number: | 2003-IA-00287-SCT Linked Case(s): 2003-IA-00287-SCT ; 2003-TS-00287 ; 2003-M-00287 |
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| Supreme Court: | Opinion Link Opinion Date: 07-01-2004 Opinion Author: Graves, J. Holding: Reversed and Remanded |
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| Additional Case Information: |
Topic: Personal injury - Improper joinder Judge(s) Concurring: Smith, C.J., Waller and Cobb, P.JJ., Carlson and Dickinson, JJ. Non Participating Judge(s): Diaz and Randolph, JJ. Dissenting Author : Easley, J. Procedural History: Bench Trial Nature of the Case: CIVIL - PERSONAL INJURY |
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| Trial Court: |
Date of Trial Judgment: 01-29-2003 Appealed from: Holmes County Circuit Court Judge: Jannie M. Lewis Disposition: Denied Janssen’s motion to sever the plaintiffs’ claims and to transfer venue, but certified her order for interlocutory appeal to this Court on those issues. Case Number: 2002-126 |
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| Party Name: | Attorney Name: | |||
| Appellant: | JANSSEN PHARMACEUTICA, INC. AND JOHNSON
& JOHNSON |
DONNA BROWN JACOBS
CHRISTY D. JONES
JOHN C. HENEGAN
ROBERT L. JOHNSON, III |
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| Appellee: | IZOLA SCOTT, ET AL. | LEVI BOONE, III |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Personal injury - Improper joinder |
| Summary of the Facts: | Sixty-five plaintiffs filed suit in Holmes County Circuit Court for injuries allegedly sustained from using the prescription drug Propulsid. Two of those plaintiffs were from Holmes County, with the rest residing in 23 counties of Mississippi’s 82 counties. The suit was filed against the makers of Propulsid, Janssen Pharmaceutica, Inc., which is a corporation based in New Jersey; Janssen’s New Jersey-based parent corporation, Johnson & Johnson; the estate of Dr. Michael Braden, who allegedly prescribed Propulsid to at least one of the named plaintiffs; and “other unknown defendants.” Janssen contended that the plaintiffs’ claims were improperly joined. The judge denied Janssen’s motion to sever the plaintiffs’ claims and to transfer venue, but certified her order for interlocutory appeal. The Supreme Court granted permission for the interlocutory appeal. |
| Summary of Opinion Analysis: | This case mirrors the case of Janssen Pharmaceutica, Inc. v. Armond, 866 So.2d 1092 (Miss. 2004). There is an innate danger in asking jurors to assimilate vast amounts of information against a variety of defendants and then sort through that information to find what bits of it apply to which defendant. A jury might well be overwhelmed with sixty-five separate fact patterns that are offered to prove medical malpractice. Therefore, the order of the trial court is reversed, and this case is remanded for the severance of all claims against defendants who have no connection with Scott. The trial court is instructed to transfer the plaintiffs’ cases to those jurisdictions in which each plaintiff could have brought his or her claims without reliance on another of the improperly joined plaintiffs. |
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