Robinson v. McNeil Consumer Healthcare

Dist. Ct. did not err in finding that Virginia law, as opposed to Illinois law, applied to plaintiff’s products liability claim alleging that defendant-manufacturer of Children’s Motrin was negligent, and that said product caused plaintiff’s TEN diagnosis. Plaintiff was living in Virginia at time plaintiff first took Motrin and obtained her first medical treatment arising out of her allergic reaction to said drug. Fact that plaintiff subsequently moved to Illinois did not cause Illinois to have most significant relationship to instant lawsuit since such result would encourage forum shopping. Moreover, jury could properly find that plaintiff’s repeated taking of Motrin in face of warnings on label and in spite of her allergic reaction constituted contributory negligence, which under Virginia law, was complete defense to liability for defendant’s negligence.