(CN) – Actor Dennis Quaid’s lawsuit over the accidental overdose of his twins must be heard in California, the Illinois Court of Appeals ruled. Quaid and his wife, Kimberly, sued Baxter Healthcare, maker of Hep-Lock and heparin, claiming improper labeling almost killed Zoe Grace and Thomas Boone in late 2007.
They claimed that Baxter should have made the bottles of the drug a different color, size and shape. Had it done so, the couple said, the babies would not have accidentally been given a dose of heparin that was 1,000 times too strong. The Quaids have already settled their case against the hospital, Cedars Sinai Medical Center in Los Angeles.
Baxter argued that because the incident took place in California, the trial should take place there, too. The Quaids live there, and Baxter had factories and thousands of employees there. Baxter also noted that the Illinois court is more congested than courts in California.
The trial court granted Baxter’s motion to dismiss on the grounds that Illinois is an inconvenient forum. The appellate court agreed.
“California law will probably apply in this case,” Judge Murphy wrote. “It is appropriate to consider the congested condition of the document in the plaintiff’s chosen forum.
“We find that plaintiff’s choice of forum is entitled to less deference because Illinois is neither their residence nor the site of the accident or injury,” the judge added.
Quaid has been a Hollywood fixture for decades, appearing in such films as “The Right Stuff,” “Far From Heaven” and “Wyatt Earp.”