Benedict v. Abbott Laboratories, Inc.

Illinois Appellate Court
Civil Court
Forum Non Conveniens
Citation
Case Number: 
2018 IL App (1st) 180377
Decision Date: 
Monday, October 1, 2018
District: 
1st Dist.
Division/County: 
Cook Co., 4th Div,
Holding: 
Affirmed.
Justice: 
GORDON

Plaintiffs allege, through their parents, that they suffer from serious birth defects caused by their in utero exposure to Depakote. Court properly denied Defendant's forum non conveniens motion. Considering every factor in forum non conveniens doctrine, as to interstate and intrastate transfer, court did not abuse its discretion in denying motion. Although Plaintiffs reside outside Illinois, court did not abuse its discretion in finding that Plaintiffs' choice of Cook County was entitled to some deference. Defendant, in discovery, admitted that several employeeswith personal knowledge of Depakote reside in and sold or serviced Depakote in Cook County. (BURKE and ELLIS, concurring.)