M.M. v. GlaxoSmithKline LLC
2016 IL App (1st) 151909
| Ill. App. Ct. | 2016Background
- Eight minor plaintiffs (and their mothers) from six states sued GSK in Cook County alleging Paxil caused congenital birth defects; two plaintiff pairs reside in Illinois, others in FL, CO, VA, MI, and WI.
- Plaintiffs allege design defect, failure to warn, negligence, and warranty claims tied to GSK’s conduct, including alleged manipulation/failure to analyze clinical-trial pregnancy outcomes and inadequate labeling.
- GSK moved to dismiss out-of-state plaintiffs for lack of personal jurisdiction (both general and specific); trial court denied the motion as to specific jurisdiction based on GSK’s Illinois contacts.
- Relevant contacts: GSK contracted with ~17 Illinois physicians to run 18–21 Paxil clinical trials (1985–2003), employed sales/marketing staff in Illinois, and maintained an agent for service.
- Plaintiffs claimed Illinois trial data were aggregated into multicenter analyses informing Paxil warnings; they alleged the Illinois trials contributed to the allegedly defective labeling that caused their injuries.
- Trial court found plaintiffs made a prima facie showing of specific jurisdiction; appellate court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Illinois has specific jurisdiction over GSK | GSK purposefully availed itself of Illinois by contracting to run multiple Paxil clinical trials here and plaintiffs’ claims arise from those trials and resulting labels | Trials in many jurisdictions; Illinois trials are a small fraction and plaintiffs were not injured or prescribed Paxil in Illinois—no sufficient nexus | Affirmed: prima facie showing met; GSK conceded purposeful contacts and failed to rebut that plaintiffs’ claims arose from Illinois activities |
| Whether GSK purposefully directed activities at Illinois | Contracting with 17 Illinois investigators and conducting repeated trials over two decades shows purposeful availment | Contended contacts were insufficiently tied to plaintiffs and were routine multicenter activities | Held: purposeful availment established (GSK conceded contacts and contracts supported availment) |
| Whether plaintiffs’ claims ‘‘arise out of or relate to’’ GSK’s Illinois contacts | Illinois trial data were aggregated into overall analyses and GSK failed to track/analyze pregnancy outcomes from Illinois trials, contributing to inadequate warnings | Plaintiffs were not trial subjects in Illinois; trials weren’t designed to study pregnancy effects; GSK produced no uncontradicted evidence to negate nexus | Held: flexible/lenient ‘‘arising from/related to’’ standard satisfied on prima facie showing; GSK failed to rebut |
| Whether exercising jurisdiction would be reasonable under due process | Illinois has an interest (trials conducted here), litigation already proceeding in Illinois, avoiding piecemeal suits; burdens are not dispositive | Burden on GSK and witnesses; evidence located out-of-state | Held: exercise of jurisdiction is reasonable given forum interest, risk of piecemeal litigation, and lack of strong countervailing burdens on GSK |
Key Cases Cited
- Daimler AG v. Bauman, 571 U.S. 117 (2014) (limits general jurisdiction; corporation is "at home" primarily where incorporated or principal place of business)
- Burger King Corp. v. Rudzewicz, 471 U.S. 462 (1985) (specific-jurisdiction principles: purposeful availment and nexus to suit)
- World‑Wide Volkswagen Corp. v. Woodson, 444 U.S. 286 (1980) (due-process limitations on personal jurisdiction and reasonableness factors)
- Keeton v. Hustler Magazine, Inc., 465 U.S. 770 (1984) (forum may exercise jurisdiction based on defendant’s regular business in forum even if plaintiff’s injury occurred elsewhere)
- International Shoe Co. v. Washington, 326 U.S. 310 (1945) (minimum contacts standard for personal jurisdiction)
- Russell v. SNFA, 2013 IL 113909 (Ill. 2013) (Illinois Supreme Court recognizing lenient/ flexible standard for "arise out of/relate to" in specific jurisdiction analysis)