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GALLAGHER v. ABBOTT LABORATORIES

Nos. 01-1473, 01-1477.

269 F.3d 806 (2001)

Lena GALLAGHER, on behalf of a class, et al., Plaintiffs-Appellants, v. ABBOTT LABORATORIES and Miles D. White, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided October 17, 2001.

Attorney(s) appearing for the Case

Edwin J. Mills (argued), Stull, Stull & Brody, New York, NY, Marvin A. Miller, Miller, Faucher & Cafferty, Chicago, IL, for Plaintiff-Appellant in No. 01-1473.

Michele Odorizzi (argued), Mayer, Brown & Platt, Chicago, IL, for Defendants-Appellees in No. 01-1473.

Edwin J. Mills, Stull, Stull & Brody, New York, NY, Carol V. Gilden, Much, Shelist, Freed, Denenberg, Ament & Rubenstein, Chicago, IL, for Plaintiffs-Appellants in No. 01-1477.

Thomas M. Durkin, Mayer, Brown & Platt, Chicago, IL, for Defendants-Appellees in No. 01-1477.

Before POSNER, EASTERBROOK, and KANNE, Circuit Judges.

EASTERBROOK, Circuit Judge.

Year after year the Food and Drug Administration inspected the Diagnostic Division of Abbott Laboratories, found deficiencies in manufacturing quality control, and issued warnings. The Division made efforts to do better, never to the FDA's satisfaction, but until 1999 the FDA was willing to accept Abbott's promises and remedial steps. On March 17, 1999, the FDA sent Abbott another letter demanding compliance with all regulatory requirements...

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