Illinois Federal Court Dismisses 880 Foreign Plaintiffs Who Brought Mass Tort Claims in the United States

February 01, 2008
Plaintiffs alleging injuries from medicines used in their home country of Argentina could not sue the U.S. processor of those medicines in the United States, as decided in In re Factor VIII or IX Concentrate Blood Products Litigation (Abad v. Bayer Corp.), No. 93 C 7452, 2008 WL 189854 (N.D. Ill. Jan. 17, 2008). Judge John F. Grady dismissed the claims of 880 plaintiffs alleging such injuries from medicines taken in Argentina because their home country would be a more convenient forum to hear their claims. This is an important decision in an era when mass tort litigation in the United States is attracting more and more plaintiffs from outside the United States who are drawn by large American jury awards and more favorable tort law. In increasing numbers, these non-resident plaintiffs have sought to sue U.S. makers of pharmaceuticals and other products for injuries suffered in their home countries. This article discusses this case.