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ANDERSON v. ELI LILLY & CO.

79 N.Y.2d 797 (1991)

Carol Anderson et al., Appellants, v. Eli Lilly & Company et al., Respondents, et al., Defendants.

Court of Appeals of the State of New York.

Decided December 18, 1991.

Attorney(s) appearing for the Case

Norman E. Frowley, Leonard L. Finz, Stuart L. Finz and Mark Bower for appellants.

Russel H. Beatie, Jr., Charna L. Gerstenhaber, Charles J. Biederman, David M. Covey and Jack Gross for Eli Lilly & Co. and another, respondents.

Paul K. Stecker and Tamar P. Halpern for E.R. Squibb & Sons, Inc., respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER and TITONE concur; Judges HANCOCK, JR., and BELLACOSA taking no part.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

Plaintiff, whose wife allegedly suffered certain injuries to her reproductive system due to her in utero exposure to the drug diethylstilbestrol (DES), commenced this action against defendants, several manufacturers of DES, asserting a derivative cause of action for loss of consortium. Prior to trial, defendants moved for summary...

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