Hadley v. Astrazeneca Pharmaceuticals PLC et al

Filing 48

MEMORANDUM AND ORDER, The Court GRANTS the motion to substitute (Doc. 42) and ORDERS that the United States be substituted as a defendant in Hadley's tort claims for money damages. The FDA shall remain in this case as a defendant in Hadley's claims for injunctive and declaratory relief. Signed by Judge J. Phil Gilbert on 11/20/2018. (jdh)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
LEONARD HADLEY,
Plaintiff,
v.

Case No. 18-cv-1068-JPG-DGW

ASTRAZENECA PHARMACEUTICALS PLC,
ASTRAZENECA PLC, and U.S. GOVERNMENT
FOOD AND DRUG ADMINISTRATION,
Defendants.
MEMORANDUM AND ORDER
This matter comes before the Court on the motion of defendant U.S. Government Food and
Drug Administration (“FDA”) to substitute the United States of America as the proper defendant for
plaintiff Leonard Hadley’s tort claim for money damages (Doc. 42). The FDA has ascertained that
Hadley’s claim for money damages falls under the Federal Tort Claims Act (“FTCA”), 28 U.S.C.
§§ 1346(b) & 2671-2680, and that the only proper defendant in an FTCA claim is the United States
itself, not a federal agency, see 28 U.S.C. §§ 2674 & 2679(a). Accordingly, the FDA asks the Court to
substitute the United States in Hadley’s claim for damages but to allow the FDA, for the time being, to
remain as a defendant in his claim for injunctive and declaratory relief. The Court finds the FDA’s
position has merit. Accordingly, it GRANTS the motion to substitute (Doc. 42) and ORDERS that
the United States be substituted as a defendant in Hadley’s tort claims for money damages. The FDA
shall remain in this case as a defendant in Hadley’s claims for injunctive and declaratory relief.
IT IS SO ORDERED.
DATED: November 20, 2018
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE