REILLY EX REL. REILLY v. WYETH

No. 1-06-1174.

876 N.E.2d 740 (2007)

Christopher REILLY, a Minor by his Mother and Next Friend, Druanne REILLY, Druanne Reilly, and Ronald Reilly, Plaintiffs-Appellants, v. WYETH f/k/a American Home Products Corporation, Baxter Healthcare Corporation, Bioport Corporation, Aventis Pasteur, Inc., Merck & Co., Inc., Celltech Pharmaceuticals, Inc. f/k/a Medeva Pharmaceuticals, Inc., Smith-kline Beecham Corporation d/b/a Glaxosmithkline, Eli Lilly and Company, Sigma-Aldrich Co., Spectrum Laboratory Products, Inc., and EMD Chemicals, Defendants-Appellees.

Appellate Court of Illinois, First District, Third Division.

September 28, 2007.


Attorney(s) appearing for the Case

Devon C. Bruce, Power Rogers & Smith, P.C., Chicago, for Plaintiffs-Appellants.

Michael J. Wagner, Michael A. Pollard, Baker & McKenzie LLP, Chicago, Richard W. Mark, Scott P. Bridge, Orrick, Herrington & Sutcliffe LLP, New York, NY, for Defendants-Appellees Wyeth f/k/a American Home Products Corp., Home Products Corp., Aventis Pasteur, Inc., Merck & Co., Inc., Celltech Pharmaceuticals, Inc. f/k/a Medeva Pharmaceuticals, Inc., and Smithkline Beecham Corp. d/b/a Glaxosmithkline.

Jeffrey Singer, Kimberly Kayiwa, Segal McCambridge Singer & Mahoney, Ltd., Chicago, for Defendant-Appellee Sigma-Aldrich Co.

Mary K. Periolat, Nabil G. Foster, Pugh, Jones, Johnson & Quandt, P.C., Chicago, for Defendant-Appellee Eli Lilly and Company.

Michael W. McColl, Foran Glennon Palandech & Ponzi P.C., Chicago, for Defendant-Appellee EMD Chemicals.

Reed W. Sugg, Sandberg, Phoenix & von Gontard, P.C., St. Louis, Stetson Atwood, Donohue, Brown, Mathewson & Smyth, Chicago, for Defendant-Appellee Spectrum Laboratory Products, Inc.


Justice THEIS delivered the opinion of the court:

Druanne Reilly, as mother and next friend of Christopher Reilly, brought this action seeking recovery against defendants (vaccine defendants1 and thimerosal defendants2) for her son's autism, which was allegedly caused by his exposure to the mercury-based preservative, thimerosal, contained in several childhood vaccines...

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