KERNATS v. SMITH INDUSTRIES MEDICAL SYSTEMS, INC.

Nos. 1-94-4386, 95-3128 and 95-3129.

669 N.E.2d 1300 (1996)

283 Ill. App.3d 455

218 Ill.Dec. 774

Sarah KERNATS, a minor, by Cynthia KERNATS, her mother and next friend, Cynthia Kernats, individually, and Andrew Kernats, Plaintiffs-Appellants, v. SMITH INDUSTRIES MEDICAL SYSTEMS, INC., d/b/a Concord/Portex, Inc., a foreign corporation, Defendant-Appellee Howard Grundy, M.D., Evangelical Health Systems, d/b/a Christ Hospital and Medical Center, an Illinois Corporation, High Tech Medical Parks Development Corporation, an Illinois Corporation, High Technology, Inc., an Illinois Corporation, Carmencita Galvez, M.D., Southwest Obstetrics and Gynecology Ltd., an Illinois Corporation, Defendants. Joyce OSHODI, individually and as mother and next friend of Kenneth Oshodi, a minor, Plaintiffs-Appellants, v. SMITH INDUSTRIES MEDICAL SYSTEMS, INC., d/b/a Concord/Portex, Inc., a foreign corporation, Defendant-Appellee Michael Reese Hospital and Medical Center, an Illinois Corporation, Norman Ginsberg, M.D., Eugene Pergament, M.D., Dr. Meltzer, Alan Cadkin, M.D., Beth Fine, Diagnostic Ultrasound, P.C., Association for Women's Health Care, Ltd., Prenatal Genetic Program of Illinois, Inc., Cook Urological Inc., a wholly owned subsidiary of Cook Inc., Defendants. Mary Susan WILLIAMS, as mother and next friend of John Calvin Williams, a minor, Plaintiff-Appellant, v. SMITH INDUSTRIES MEDICAL SYSTEMS, INC., d/b/a Concord/Portex, Inc., a foreign corporation, Alan Cadkin, M.D., and Illinois Masonic Medical Center, Defendants-Appellees Diagnostic Ultrasound, P.C., Norman Ginsburg, M.D., Individually and as an employee, agent, and/or ostensible agent of Association for Women's Health Care, Ltd., Prenatal Genetic Program of Illinois, Inc., Defendants.

Appellate Court of Illinois, First District, Second Division.

September 3, 1996.


Attorney(s) appearing for the Case

Goldberg & Goldberg, Chicago (David Novoselsky and Margarita Kulys, Chicago, of counsel), for appellants.

Segal, McCambridge, Singer & Mahoney, Ltd., Chicago (Jeffrey Singer, Joseph Shannon and Joshua Murphy, of counsel), for appellee.


Presiding Justice HARTMAN delivered the opinion of the court:

This action involves three consolidated appeals. Plaintiffs in all three cases filed suit against defendant Smith Industries Medical Systems, Inc., d/b/a Concord/Portex, Inc., to recover damages for injuries allegedly caused by a medical product that it manufactured, distributed, and sold. In all cases, the circuit court entered summary judgment in favor of defendant on the ground that plaintiffs' claims...

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