ERICKSON v. BAXTER HEALTHCARE, INC.

No. 99 C 426.

94 F.Supp.2d 907 (2000)

Maria ERICKSON, individually and as personal representative of the estate of Walter Erickson, deceased, Plaintiff, v. BAXTER HEALTHCARE, INC.; Bayer Corporation; Armour Pharmaceutical Company; Alpha Therapeutic Corporation; and National Hemophilia Foundation Defendants.

United States District Court, N.D. Illinois, Eastern Division.

April 5, 2000.


Attorney(s) appearing for the Case

Richard Joseph Doyle, Doyle & Tuggle, Danville, IL, Debra A. Thomas, Oak Brook, IL, Rodney E. Forbes, Seeger and Forbes, Lafayette, IN, for plaintiff.

Pamela L. Gellen, Lowis & Gellen, Chicago, IL, Duncan Barr, O'Connor, Cohn, Dillon & Barr, San Francisco, CA, Gregory Beihl, Williams & Montgomery, Ltd., Charles G. Albert, Albert, Whitehead & McGaugh, Chicago, IL, Sara J. Gourley, Sidley & Austin, Chicago, IL, for defendants.


MEMORANDUM OPINION AND ORDER

BUCKLO, District Judge.

Walter Erickson was a hemophiliac. The defendants in this case gave him plasma factor tainted with hepatitis B and C and HIV, causing his death. They argue here that his surviving spouse's state law wrongful death and survival actions for negligence should be dismissed because Mr. and Ms. Erickson declared bankruptcy before his death, and these causes of action became, by operation of law, the exclusive...

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