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TONGATE v. WYETH LABORATORIES

No. 90-0053.

580 N.E.2d 1220 (1991)

220 Ill. App.3d 952

162 Ill.Dec. 801

Maurice TONGATE and Constance Tongate, Plaintiffs-Appellants, v. WYETH LABORATORIES, A DIVISION OF AMERICAN HOME PRODUCTS CORP., Defendant-Appellee.

Appellate Court of Illinois, First District, Sixth Division.

As Modified on Rehearing November 15, 1991.

Attorney(s) appearing for the Case

Paul R. O'Malley and Thomas D. Nissen of Paul R. O'Malley, Ltd., Chicago, for plaintiffs-appellants.

Wildman, Harrold, Allen & Dixon, Chicago, (Richard C. Bartelt, Ruth E. VanDemark, David A. Kanter, Francine J. Aren and Frank T. Rivas, of counsel), for defendant-appellee.

MODIFIED OPINION ON REHEARING

Justice EGAN delivered the modified opinion of the court:

The plaintiffs, Maurice Tongate and his wife Constance Tongate, filed a complaint against Wyeth Laboratories (Wyeth) and Elston Industrial Clinic (Elston). The initial complaint and subsequent amended complaints alleged that after Maurice Tongate injured his finger at work he was taken to Elston, where he was given an injection of tetanus toxoid manufactured by Wyeth...

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