Branch v. Pharma, L.P.

By Judge T. J. Markow

This case is before the court on Motions to Sever Misjoined Parties predicated upon Virginia Code § 8.01-267.5. Seven Plaintiffs, each alleged users of OxyContin, have brought suit against the manufacturer and promoter and the doctors who prescribed it to the individual Plaintiffs. The Defendants have moved the court to sever each of the Plaintiffs’ cases, arguing that party joinder is not appropriate under the Virginia Multiple Claimant Litigation Act.

The general rule in Virginia is “that several complainants having distinct and independent claims to relief against a…