Illinois Appellate Court
Civil Court
Strict Products Liability
Court dismissed Plaintiffs’ complaint asserting strict liability and negligence claims for failure to warn and loss of consortium claims, as to an implantable medical device used in spinal fusion surgeries. Plaintiffs’ claims are not preempted by federal law. As complaint failed to adequately plead that defendant company’s actions proximately caused Plaintiffs’ injuries, dismissal should have been without prejudice. (FITZGERALD SMITH and LAVIN, concurring.)