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MOHR v. TARGETED GENETICS, INC.

No. 09-3170.

690 F.Supp.2d 711 (2010)

Robby MOHR as Administrator of Estate of Jolee Mohr, Plaintiff, v. TARGETED GENETICS, INC., Abbott Laboratories, Inc. & Western Institutional Review Board, Inc., Defendants.

United States District Court, C.D. Illinois, Springfield Division.

March 3, 2010.

Attorney(s) appearing for the Case

Alan C. Milstein, Sherman Silverstein Kohl Rose & Podolsky, Pennsauken, NY, Louis A. DePaepe, DePaepe Law Office, Taylorville, IL, for Plaintiff.

E.C. Eberspacher, Dove & Dove, Shelbyville, IL, Glen E. Amundsen & Margaret C. Firnstein, Smith Amundsen LLC, Andrew P. Bautista, David Bernick & Renee D. Smith, Kirkland & Ellis, Chicago, IL, Stephen R. Kaufmann, Hepler Broom LLC, Springfield, IL, Troy A. Bozarth, Hepler Broom LLC, Edwardsville, IL; John Gianoulakis, Kohn Shands Elbert Gianoulakis & Giljum, St. Louis, MO, Stephen L. Corn, Craig & Craig, Mattoon, IL, for Defendants.

OPINION

RICHARD MILLS, District Judge.

In sum: motion to dismiss denied; motion to remand allowed.

But first, the background.

ABBOTT'S MOTION TO DISMISS

I. INTRODUCTION

The Plaintiff's amended complaint purports to state two counts against Defendant Abbott Laboratories, Inc., strict products liability in Count III and wrongful death in Count IV.1

The Plaintiff filed his...

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