BATTEAST v. WYETH LABORATORIES, INC.

No. 84-2818.

172 Ill. App.3d 114 (1988)

526 N.E.2d 428

MARCUS BATTEAST, a Minor, by his Parents and Next Friends, James Batteast et al., Plaintiffs-Appellees and Cross-Appellants, v. WYETH LABORATORIES, INC., et al., Defendants-Appellants and Cross-Appellees.

Appellate Court of Illinois — First District (3rd Division).

Rehearing denied July 22, 1988.


Attorney(s) appearing for the Case

Sidley & Austin and Crooks & Gilligan, both of Chicago (Robert A. Downing, Sara J. Gourley, Eugene A. Schoon, Kendal A. Crooks, John W. Gilligan, and John P. Prusik, of counsel), for appellants.

Holstein, Mack & Associates and William Harte, Ltd., both of Chicago (William J. Harte, Robert A. Holstein, John M. Mack, and John B. Austin, of counsel), for appellees.


Judgment affirmed.

JUSTICE RIZZI delivered the opinion of the court:

This is a personal injury action by plaintiffs, James and Shirley Batteast, individually and on behalf of their minor son, Marcus Batteast (Marcus), against defendants Wyeth Laboratories, Inc. (Wyeth), St. Bernard Hospital (Hospital), Dr. Edgar Dela Cruz (Dela Cruz), and Dr. Jose Abella (Abella). The action against the Hospital, Dela Cruz and Abella was based on theories of negligence and...

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