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ZIMMERMAN v. ABBOTT LABORATORIES

No. 1-87-2502.

189 Ill. App.3d 744 (1989)

545 N.E.2d 547

MAUREEN ZIMMERMAN et al., Plaintiffs-Appellants, v. ABBOTT LABORATORIES, INC., et al., Defendants-Appellees.

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

Opinion filed September 29, 1989.

Attorney(s) appearing for the Case

Robbins, Rubinstein, Salomon & Greenblatt, Ltd., of Chicago (Richard Lee Stavins and Thomas K. Tryboski, of counsel), for appellants.

Robert G. Epstein and Richard E. Favoriti, both of Burditt, Bowles, Radzius & Ruberry, Ltd., of Chicago, for appellees E.R. Squibb and Sons, Inc., Olin Corporation, and Olin Mathieson Chemical Corporation.

Hugh L. Moore and Ann Marie Walsh, both of Lord, Bissell & Brook, of Chicago, for appellee Abbott Laboratories, Inc.

Richard C. Bartelt and Richard C. Palmer, both of Wildman, Harrold, Allen & Dixon, of Chicago, for appellee Eli Lilly and Company.

Stephen E. Sward and Jill M. Rappis, both of Rooks, Pitts & Poust, of Chicago, for appellees Merrell Dow Pharmaceuticals, Inc., and Dow Chemical Company.

Algimantas Kezelis, of French, Rogers, Kezelis & Kominiarek, Ltd., of Chicago, for appellees Colgate-Palmolive Company and Lakeside Laboratories, Division of Colgate-Palmolive Company.

Robert L. Nora and Don M. Sowers, both of Johnson, Cusack & Bell, Ltd., of Chicago, for appellee Merck and Company, Inc.

Judgment affirmed.

JUSTICE CERDA delivered the opinion of the court:

Plaintiffs, Maureen and Robert Zimmerman, appeal from the dismissal of their strict liability counts against defendants, manufacturers and sellers of the drug which allegedly was ingested by Maureen's mother and caused Maureen to contract cancer. The trial court held that the counts were barred by the statute of repose contained in section 13-213 of the Code of Civil Procedure (Ill. Rev....

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