A California man has filed a product liability suit in Madison County after his wife died from complications with a Lap-Band, a surgical device that is placed around the top portion of the stomach to treat obesity.
Named defendants are Abbvie, Inc., headquartered in Park Ridge, Ill. and which in 2006 acquired Allergan and a subsidiary that produced Lap Band, as well as Apollo Endosurgery, headquartered in Austin, Texas and which iin 2013 acquired Allergan's obesity intervention division.
According to the suit, Joseph Beardsley, whose wife Rebecca Beardsley died at Loma Linda University Medical Center in San Diego on Dec. 28, 2018, claims that during surgery to remove the device it was discovered that the Lap Band catheter had wrapped around her small intestines causing a bowel obstruction, which necessitated emergency removal of the device and port.
"It was also discovered that the Lap Band had eroded into her stomach causing sepsis, stomach perforation and necrosis," the suit claims.
Beardsley is represented by Christopher Dysart of the Dysart law firm in Chesterfield. Mo.
Dysart claims Madison County has personal jurisdiction over the defendants because they are "present or domiciled in the state of Illinois, such that requiring an appearance does not offend traditional notions of fair play and substantial justice."
He further claims defendants transacted business in Illinois, committed a tortious act in Illinois and could reasonably foresee being hauled into an Illinois court.
He also asserts that no federal subject matter jurisdiction exists because no federal question is raised.
Whether defendants challenge venue or assert diversity jurisdiction in attempting to move the case to federal court remains to be seen.
A difference between this case and one in which the Illinois Supreme Court recently ruled that out of state plaintiffs could not sue Bayer Corp. over Essure in Madison County, is that Abbvie is "domiciled" in Illinois.
Madison County Circuit Court case number 20-L-1075.