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JENSEN v. BAYER AG

No. 1-04-3879.

862 N.E.2d 1091 (2007)

308 Ill.Dec. 888

James W. JENSEN, Plaintiff-Appellant, v. BAYER AG, a German corporation (Bayer Corporation, an Indiana Corporation, Defendant-Appellee).

Appellate Court of Illinois, First District, Sixth Division.

February 2, 2007.

Attorney(s) appearing for the Case

Ben Barnow, Sharon Harris, of Barnow and Associates, P.C., William J. Harte, of William J. Harte, Ltd., Chicago, for Appellant.

Stephen C. Carlson, James W. Mizgala, James R. Wexler, Charles K. Schafer, of Sidley Austin Brown & Wood, LLP, Phillip S. Beck, Adam L. Hoeflich, Andrew L. Goldman, Rebecca Weinstein Bacon, of Bartlit Beck Herman Palenchar & Scott, Chicago, for Appellee.

Justice O'MALLEY delivered the opinion of the court:

Plaintiff, James Jensen, purchased and used Baycol, which his doctor prescribed to him to lower his cholesterol. Thereafter, defendant Bayer Corporation, manufacturer of Baycol, discontinued the marketing and distribution of Baycol.1 The plaintiff then brought an action against defendant on behalf of himself and later filed an amended motion...

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