Trial Court Faulted for Not Applying Discovery Rule Before Dismissing Case

CHICAGO - An Illinois court of appeal reversed an order dismissing with prejudice the claims of a nationwide class against the manufacturer of Phenergen Expectorants after finding that the lower court failed to apply the discovery rule. Gordon Gredell v. Wyeth Laboratories, et al. No. 1-02-0198 (Ill. Ct. Appeal, First Dist.).

Illinois' First District Court of Appeal ruled Jan. 14 that Cook County Circuit Court Judge Kirie Kinnaird erred in dismissing the case after a four-month trial, finding that the class representative could not prove his fraudulent concealment claim.

Gordon Gredell filed the class action against Wyeth in 1987, claiming …