Weedon v. Pfizer, Inc.

773 N.E.2d 720, 332 Ill. App. 3d 17, 265 Ill. Dec. 956
Appellate Court of Illinois·Decided June 28, 2002·No. 1-01-0650·Published·Cited by 9 cases

Opinion

JUSTICE COUSINS

delivered the opinion of the court:

Brian Weedon brought an action at law to recover damages from an injury allegedly caused by a defective venous access device. Pfizer, Inc., and Horizon Medical Products, Inc., the alleged manufacturers of the device, moved for summary judgment claiming: (1) that there was no genuine issue of material fact that the device was defective; and (2) that they did not manufacture the device in question. The trial court granted the defendants’ motion for summary judgment based on the findings that the plaintiff failed to produce evidence of a defect and all other causes had not been excluded. Weedon appeals claiming that he produced sufficient circumstantial evidence to create a reasonable inference that the product was defective.

We reverse and remand.

BACKGROUND

Brian Weedon was diagnosed with Hodgkin’s disease in May of 1993. He was successfully treated with radiation and chemotherapy. In 1996, Weedon had a relapse of the disease. Dr. Leo Gordon, an oncologist with Northwestern University Hospital, treated Weedon with chemotherapy. A venous access service, commonly known as a “Lifeporte,” 1 was surgically implanted into Weedon’s chest as part of the chemotherapy.

The Lifeporte was implanted in Weedon’s chest beneath the skin by Dr. Talamanti, an oncology surgeon at Northwestern University Hospital. There is a reservoir through which a nurse or doctor can inject chemotherapy drugs. The other end of the device traverses the large vein in the neck and enters the large chamber of the heart. Weedon received regular chemotherapy injections through this device from October 1996 until February 1997. Sarah Coveny, an oncology nurse, administered the drugs to Weedon through the venous access device.

After approximately four months of chemotherapy, Weedon began to experience discomfort and swelling near the device. Dr. Gordon examined Weedon and determined that the device should be removed. Dr. Talamanti was asked by Dr. Gordon to explant the device. Dr. Talamanti explanted the device and discarded it before any tests could be conducted for extravasation (leakage). The device was never recovered.

After removal of the device, necrosis of the skin, fat and muscle tissue was detected and continued for a period of time. As a result, Weedon was left with a large hole in his chest. Dr. Talamanti referred Weedon to Dr. Dumanian, a plastic surgeon, to perform a skin graft and close the wound because Dr. Talamanti thought it would be a very difficult procedure requiring the skill of a plastic surgeon. After two plastic surgeries, the wound closure was successful, but Weedon was significantly disfigured.

Dr. Talamanti testified that when he implanted the device, it appeared to function normally. He checked the device for extravasation and observed none prior to and immediately after implanting the device. He testified that the placement of the device was proper as evidenced by an X ray following implantation. Dr. Talamanti testified that there was no evidence that would lead him to believe that the device developed a clot or that the device was malpositioned. He also did not notice any extravasation when explanting the device.

The plaintiff did not produce any witnesses purporting to be experts in the design or manufacturing of the venous access device. The plaintiffs witnesses also could not point to any specific defect in the device that caused leakage. In addition, the doctors that treated Weedon all testified that his injury could have resulted from infection, malpositioning of the device or extravasation. However, each doctor testified that it was more likely that plaintiff had an extravasation injury than an injury due to infection or malpositioning of the device.

ANALYSIS

I

Weedon claims that the trial court improperly granted summary judgment in favor of the defendants because he came forward with sufficient circumstantial evidence to create a reasonable inference that the product was defective. The defendants claim that Weedon: (1) never pleaded a nonspecific defect claim and, therefore, cannot now proceed with such a claim; (2) has presented no evidence that tends to negate the other reasonable causes for his injury; and (3) did not present evidence that the product failed to perform in a manner reasonably to be expected in light of its nature and intended function.

A motion for summary judgment should be granted when the pleadings, depositions and affidavits reveal that there is no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law. Frye v. Medicare-Glaser Corp., 153 Ill. 2d 26, 31, 605 N.E.2d 557 (1992). The standard of review of a trial court’s decision granting summary judgment is de novo. Schal Bovis, Inc. v. Casualty Insurance Co., 315 Ill. App. 3d 353, 364, 732 N.E.2d 1179 (2000). Summary judgment is a drastic remedy and should be allowed only when the right of a moving party is clear and free from doubt. Jones v. Chicago HMO Ltd. of Illinois, 191 Ill. 2d 278, 291, 730 N.E.2d 1119 (2000). In considering a motion for summary judgment, all reasonable inferences must be drawn strictly against the moving party and liberally in favor of the opponent. Scardina v. Alexian Brothers Medical Center, 308 Ill. App. 3d 359, 363, 719 N.E.2d 1150 (1999).

Relative to their first contention, the defendants argue that Illinois law recognizes two “distinct types of products liability claims.” The first is a specific defect claim and the second is a nonspecific defect claim. The defendants contend that in a specific defect claim, the plaintiff must allege that: (1) his injury resulted from a condition of the product; (2) the condition was unreasonably dangerous; and (3) the condition existed at the time it left the manufacturer’s control. Pluto v. Searle Laboratories, 294 Ill. App. 3d 393, 398, 690 N.E.2d 619 (1997). In a nonspecific defect claim, the defendants claim that the plaintiff must allege that: (1) he was using the product in a normal manner; (2) there was no other reasonable cause for the product’s failure to perform; and (3) the product failed to perform in a manner reasonably to be expected in light of its nature and intended function. Doyle v. White Metal Rolling & Stamping Corp., 249 Ill. App. 3d 370, 376, 618 N.E.2d 909 (1993).

The plaintiff’s complaint reads in pertinent part:

“2. That on or about October 3, 1996, a ‘LifePorte’ or Tnfus-aPort’ designed, manufactured, and sold by the defendants was surgically implanted in the Plaintiffs chest.

Free access — add to your briefcase to read the full text and ask questions with AI

Weedon v. Pfizer, Inc., 773 N.E.2d 720, 332 Ill. App. 3d 17, 265 Ill. Dec. 956 (Ill. Ct. App. 2002).

773 N.E.2d 720 (Weedon v. Pfizer, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Layko Properties v. M-OK Dustribution, Inc
Appellate Court of Illinois, 2026
Johnson v. Illinois State Toll Highway Authority
2024 IL App (1st) 210941-U (Appellate Court of Illinois, 2024)
Dianne Donaldson v. Johnson & Johnson
37 F.4th 400 (Seventh Circuit, 2022)
Cleer v. Burks
2022 IL App (3d) 210157-U (Appellate Court of Illinois, 2022)
Kopolovic v. Shah
2012 IL App (2d) 110383 (Appellate Court of Illinois, 2012)
DiCosolo v. Janssen Pharmaceuticals, Inc.
2011 IL App (1st) 093562 (Appellate Court of Illinois, 2011)
Rohde v. Smiths Medical
2007 WY 134 (Wyoming Supreme Court, 2007)
Sikora v. AFD Industries, Inc.
319 F. Supp. 2d 872 (N.D. Illinois, 2004)
Allen v. Berger
784 N.E.2d 367 (Appellate Court of Illinois, 2002)