Coudrain v. Walgreen Co.

2026 IL App (1st) 250614-U
CourtAppellate Court of Illinois
DecidedFebruary 20, 2026
Docket1-25-0614
StatusUnpublished

This text of 2026 IL App (1st) 250614-U (Coudrain v. Walgreen Co.) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Coudrain v. Walgreen Co., 2026 IL App (1st) 250614-U (Ill. Ct. App. 2026).

Opinion

2026 IL App (1st) 250614-U FIFTH DIVISION February 20, 2026

No. 1-25-0614

NOTICE: This order was filed under Supreme Court Rule 23 and is not precedent except in the limited circumstances allowed under Rule 23(e)(1). ______________________________________________________________________________

IN THE APPELLATE COURT OF ILLINOIS FIRST DISTRICT ______________________________________________________________________________

MARILYN COUDRAIN, as Administrator of the Estate of Ellen ) Smith, et al., ) ) Plaintiff-Appellant, ) ) Appeal from the v. ) Circuit Court of ) Cook County. WALGREEN CO.; WALGREENS BOOTS ALLIANCE, INC.; ) GLAXOSMITHKLINE, LLC; GLAXOSMITHKLINE HOLDINGS ) (AMERICAS), INC.; PFIZER, INC.; BOEHRINGER INGELHEIM ) No. 23 L 3569 PHARMACEUTICALS, INC.; BOEHRINGER INGELHEIM USA ) CORPORATION; BOEHRINGER INGELHEIM CORPORATION; ) SANOFI-AVENTIS U.S. LLC; and SANOFI US SERVICES, INC., ) Honorable ) Daniel Trevino, Defendants, ) Judge Presiding. ) (Boehringer Ingelheim Pharmaceuticals, Inc.; Boehringer Ingelheim ) USA Corporation; Boehringer Ingelheim Corporation; Sanofi-Aventis ) U.S. LLC; and Sanofi U.S. Services, Inc., Defendants-Appellees). )

JUSTICE MIKVA delivered the judgment of the court. Presiding Justice Mitchell and Justice Wilson concurred in the judgment.

ORDER

¶1 Held: The circuit court did not err in dismissing nonresident plaintiffs’ claims for lack of personal jurisdiction where those claims did not relate to defendants’ contacts with Illinois. No. 1-25-0614

¶2 The question before us is whether the claims of these nonresident plaintiffs, who were not

injured in Illinois, can proceed in the Illinois courts against these defendants. It is undisputed that

the medication that is alleged to have injured these plaintiffs was not manufactured in Illinois, but

plaintiffs point to the fact that defendants utilized certain third-party companies in Illinois to

repackage, inspect, and distribute products for nationwide distribution and to sell this same product

to other people in Illinois. We hold that our courts do not have jurisdiction over these claims against

these defendants for the reasons outlined below and affirm the dismissal of these claims by the

circuit court.

¶3 I. BACKGROUND

¶4 The cases in which these appeals are brought are among thousands of individual lawsuits

filed in federal and various state courts against the manufacturers and marketers of Zantac, a brand

of heartburn medication with the active ingredient of ranitidine. Between August 22, 2022, and

September 26, 2022, five lawsuits with over 300 plaintiffs residing in 39 states were filed in

Madison County, Illinois. These cases were filed against numerous defendants, some of whom

have had the claims against them dismissed or have settled.

¶5 The defendants who are parties to this appeal are Boehringer Ingelheim Pharmaceuticals,

Inc., Boehringer Ingelheim Corporation, and Boehringer Ingelheim USA Corporation

(collectively, Boehringer), and Sanofi-Aventis U.S. LLC and Sanofi US Services Inc.

(collectively, Sanofi). The plaintiffs alleged in their complaint strict product liability, failure to

warn, negligent transportation and storage, negligent misrepresentation, fraud, and breach of

express and implied warranties—all stemming from their use of Zantac, which was manufactured,

marketed, and sold by these defendants and which the plaintiffs alleged caused them cancer.

On October 25, 2022, the Illinois Supreme Court consolidated these actions with several other

2 No. 1-25-0614

Illinois cases alleging similar ranitidine-related injuries in Cook County. All multi-plaintiff actions

were administratively dismissed, and plaintiffs were instructed to refile individual complaints. This

appeal concerns 180 out-of-state plaintiffs, including the first named plaintiff, Marilyn Coudrain,

as administrator of the estate of Ellen Smith, who refiled individual actions in Cook County.

¶6 On October 25, 2023, Boehringer, Sanofi, and other defendants who are not parties to this

appeal, filed a joint motion under section 2-301 of the Code of Civil Procedure (735 ILCS 5/2-301

(West 2022)) to dismiss all non-Illinois plaintiffs’ claims for lack of general and specific

jurisdiction. Boehringer and Sanofi argued that the court had no general jurisdiction over them

because neither their headquarters nor their principal places of business were in Illinois. They

argued that they were not subject to the court’s specific jurisdiction because the plaintiffs were not

residents of Illinois, had not purchased or consumed Zantac in Illinois, and were not injured in

Illinois.

¶7 After jurisdictional discovery, plaintiffs filed their response on January 10, 2025. They

argued that Boehringer and Sanofi “purposefully reached into Illinois with respect to the

development, marketing, and sales of their Zantac products.” The plaintiffs pointed to the fact that

Boehringer and Sanofi intentionally sought out and contracted with Walgreens and other Illinois

corporations for product sales and distribution, and that each plaintiff bought their Zantac from a

Walgreens store. The gist of their argument was that Boehringer utilized several Illinois companies

to help it “market, promote, and enter into contracts for selling Zantac to Walgreens, an Illinois

company, for sales nationally.”

¶8 The plaintiffs pointed out that Boehringer also contracted with two Illinois companies to

repackage Zantac for nationwide sales. The first company, Mechanical Servants, was based in

Melrose Park, Illinois. As part of this agreement, Boehringer would ship Zantac to Mechanical

3 No. 1-25-0614

Servants in Illinois, which would then put the medication into its final packaging with the

appropriate labels and package inserts. The agreement specifically noted that Mechanical Servants

was to include in its final packages the “FDA Drug Facts Labeling for the Products,” which,

according to plaintiffs, was defective and failed to warn consumers that Zantac contained NDMA,

a known carcinogen. The agreement also specified that Boehringer was to provide Mechanical

Servants samples of this FDA label as well as all “necessary Intellectual Property, Storage

Specifications and IP Specifications including all artwork, copy, or other material relating to the

Products,” which Mechanical Servants could not alter. Boehringer entered into an identical

repackaging agreement with Modern Aids, another Illinois corporation based in Elk Grove.

¶9 Boehringer also entered into an agreement with Rand Diversified Companies, LLC (Rand)

to provide quality assurance testing. Although Rand was headquartered in New Jersey, a

substantial part of this agreement was to be performed at its facility in Edwardsville, Illinois.

Additionally, Boehringer retained a Texas-based broker, Crossmark, Inc., to help it market and

sell Zantac, including to Walgreens, for nationwide sales.

¶ 10 According to plaintiffs, Sanofi earned $465,486,873.15 in revenue from the products it sold

in Illinois between 2017 and 2023. This figure included $14,652,126.54 worth of Zantac sold to

Illinois companies, nearly $5,000,000 of which was sold and shipped to Walgreens in Illinois for

national distribution. Like Boehringer, Sanofi also had agreements with Modern Aids and

Mechanical Servants to provide repackaging services in Illinois. Additionally, Sanofi contracted

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Cite This Page — Counsel Stack

Bluebook (online)
2026 IL App (1st) 250614-U, Counsel Stack Legal Research, https://law.counselstack.com/opinion/coudrain-v-walgreen-co-illappct-2026.