'AirShield' lawsuit set for case management in Cueto's court

By Amelia Flood | Aug 5, 2009


A class action suit over the effectiveness of CVS Pharmacy Inc.'s "AirShield" is set for a case management conference Aug. 13.

During that hearing, according to an order signed by St. Clair County Circuit Court Judge Lloyd Cueto, the parties will address class certification.

The class certification issue was supposed to be cleared up in July but was moved pursuant to the July 15 order.

The suit, brought by lead plaintiff Iean Finley, alleges that the pharmacy knowingly sold a product that did not work.

A nearly identical suit over Target's version of the drug is also pending in St. Clair County before St. Clair County Circuit Judge Patrick Young.

In the CVS suit, Finley is suing the company under the Illinois Consumer Fraud and Deceptive Business Practices Act. The class constitutes those who bought AirShielf on or before Sept. 3, 2003.
Finley alleges that the "Airborne" like product does not work and is deceptively packaged.

The suit seeks damages of no more than $75,000 per individual class member, costs and attorneys' fees.

The suit had originally been assigned to St. Clair County Circuit Judge Robert LeChien. LeChien recused himself from the case in January.

The case management conference is slated to begin at 9 a.m.

Finley and the class are represented by Paul Weiss, Richard Burke and Kevin Hoerner. CVS is represented by Robert Bassett and others.
All of the attorneys in the CVS case represented clients in the Target suit.

The case is St. Clair case number 08-L-616.

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