TDR Wins Jury Trial Defense Verdict for Hospira
June 2, 2017
After a three week jury trial in the United States District Court for the Northern District of Illinois, TDR partners Christopher Liguori and Timothy Hudson and TDR associate Katherine O’Brien won a defense verdict for clients Hospira Worldwide, Inc. and Hospira, Inc. in a breach of contract dispute brought by GlaxoSmithKline Biologicals, S.A.
The lawsuit began in 2013 when GlaxoSmithKline Biologicals, S.A. sued Hospira in the Southern District of New York, alleging that Hospira breached a contract to manufacture flu vaccine syringes. TDR successfully moved to transfer the case to the Northern District of Illinois, and Hospira subsequently filed a counterclaim against GSK.
After over two weeks of testimony from numerous witnesses, including four expert witnesses, GSK asked the jury to award it $23.9 million in damages.
The jury deliberated for two days and returned a verdict that found that GSK – not Hospira – breached the parties’ agreement. The jury found in favor of Hospira on GSK’s breach of contract claim, in favor of Hospira on its claims for breach of contract and quantum meruit, and in favor of Hospira on the key issue in the case – the scope of the contract. In addition, the jury awarded Hospira the full amount of the $1.35 million of damages it sought.
The case is captioned GlaxoSmithKline Biologicals, S.A. v. Hospira Worldwide, Inc. and Hospira, Inc., No. 13-cv-04336 (N.D. Ill.). TDR partner John Fitzgerald and TDR associate Amanda Catalano also represented Hospira in this action.