DBMS attorneys Sherri Arrigo and Timothy Hogan secured a dismissal in Illinois federal court for a major international pharmaceutical company in a case alleging complications related to an acne drug.
The plaintiff alleged that taking the defendant company’s acne drug led to inflammatory bowel disease and the eventual removal of his colon in 2005. He also claimed that an Illinois-based dermatologist and his practice group were negligent in prescribing a generic version of the drug in 2007, as they should have known it was contraindicated based on his medical history.
The plaintiff filed suit against the drug company and co-defendants in Cook County Circuit Court in 2017, claiming that his injuries occurred while he lived in Illinois. The drug company removed the case to Illinois federal court.
DBMS presented evidence that the plaintiff took two courses of the drug prior to 2006 when he moved to Illinois: one course was prescribed by a doctor in Wisconsin in 1999 and one by an Ohio doctor in 2004. As the plaintiff was not “at home” in Illinois when the injuries occurred – and the defendant pharmaceutical company is not based in Illinois – the defense argued the case has no connection to Illinois and should be dismissed.
The judge agreed with the defense and dismissed the lawsuit.