Brown v. Noxubee General Hospital, et al., No. 10-512 (2d Cir. 2011)
Annotate this CasePlaintiff, the personal representative of the Estate of Dorothy Brown, appealed from summary judgment certified as final pursuant to Federal Rule of Civil Procedure 54(b) in favor of Noxubee General Hospital (Noxubee) and Baptist Memorial Hospital-Golden Triangle (Baptist) and from a summary judgment in favor of Eli Lilly and Company (Eli Lilly). The action that gave rise to this appeal, removed from state court in Mississippi to a federal district court in Mississippi, and thereafter transferred to the Eastern District of New York, was brought to recover for the wrongful death of Ms. Brown allegedly due to her treatment with the drug Zyprexa, which was manufactured by Eli Lilly. An earlier appeal from the certified judgment in favor of Noxubee was withdrawn by stipulation. A motion to remand, predicated on the lack of diversity on the parts of Noxubee and Baptist were denied following the issuance of all the orders granting summary judgment. The court held that the appeals from the judgments entered in favor of Noxubee and Baptist were dismissed and the judgment dismissing the action against Eli Lilly were affirmed.
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