THOMAS LYONS, ADMINISTRATOR OF THE ESTATE OF JOAN LYONS, CLAIRE LYONS AND THOMAS LYONS, PLAINTIFFS-APPELLANTS,
v.
PREMO PHARMACEUTICAL LABS, INC., A CORPORATION OF THE STATE OF NEW JERSEY, CHEMETRON CORPORATION, AND SPECIFIC PHARMACEUTICALS, INCORPORATED, DEFENDANTS, AND MERCK & COMPANY, INC., A CORPORATION OF THE STATE OF NEW JERSEY, SHARP & DOHME, INC., A CORPORATION OF THE STATE OF NEW JERSEY, MERCK, SHARP & DOHME, DIVISION OF MERCK & CO., INC., WINTHROP LABORATORIES, DIVISION OF STERLING DRUGS, ABBOTT LABORATORIES, ARMOUR PHARMACEUTICAL CO., DIVISION OF ARMOUR AND CO., SUBSIDIARY OF GREYHOUND CORP., AYERST LABORATORIES, DIVISION OF AMERICAN HOME PRODUCTS CORP., BREON LABORATORIES, A SUBSIDIARY OF STERLING DRUGS, ELI LILLY & COMPANY, E.R. SQUIBB & SONS, INC., WYETH LABORATORIES, DIVISION OF AMERICAN HOME PRODUCTS CORP., THE UPJOHN COMPANY, AND R.W. GREEFF & CO., INC., DEFENDANTS-RESPONDENTS.
Superior Court of New Jersey, Appellate Division.https://leagle.com/images/logo.png
Argued May 16, 1979.
Decided August 8, 1979.
Attorney(s) appearing for the Case
Mr. Frank P. Marano argued the cause for appellants.
Mr. Thomas F. Campion argued the cause for respondents Merck & Co., Inc., Sharp & Dohme, Inc., and Merck, Sharp & Dohme, a Division of Merck & Co., Inc. (Messrs. Shanley & Fisher, attorneys; John Zen Jackson, on the brief).
Mr. Thomas M. Mulcahy argued the cause for respondents Winthrop Laboratories and Breon Laboratories (Messrs. Purcell, Ries & Shannon, attorneys; Ms. Eugene M. Purcell, of counsel).
Mr. William B. McGuire argued the cause for respondent Abbott Laboratories (Messrs. Lum, Biunno & Tompkins, attorneys; Mr. Steven E. Brawer on the brief).
Mr. James L. Melhuish argued the cause for respondent Armour Laboratories (Messrs. Morgan, Melhuish, Monaghan & Spielvogel, attorneys).
Ms. Anita Hotchkiss argued the cause for respondents Ayerst Laboratories, Division of American Home Products Corp. and Wyeth Laboratories, Division of American Home Products Corp. (Messrs. Porzio & Bromberg, attorneys; Mr. Myron J. Bromberg, of counsel).
Mr. John McGoldrick argued the cause for respondent Eli Lilly and Company (Messrs. McCarter & English, attorneys; Mr. Stuart E. Rickerson, of counsel).
Ms. Susan Eleff, argued the cause for respondent E.R. Squibb & Sons, Inc. (Messrs. Sills, Beck, Cummis, Radin & Tischman, attorneys; Mr. Barry M. Epstein, of counsel; Mr. Donald Zarin on the brief).
Ms. Mary B. Rogers argued the cause for respondent The Upjohn Company (Messrs. Lamb, Hutchinson, Chappell, Ryan & Hartung, attorneys; Mr. Edwin A. Hartung, of counsel and on the brief).
Mr. Jonathan Kohn argued the cause for respondent R.W. Greeff & Co., Inc. (Messrs. Rothbard, Rothbard & Kohn, attorneys; Messrs. Alexander L. Caccia, Paul F. Nash and Joseph P. Giasi, Jr. on the brief).
Before Judges MATTHEWS, KOLE and MILMED.
Superior Court of New Jersey, Appellate Division.
PER CURIAM.
This is an appeal from two judgments, both resulting from the same cause of action. It presents questions relating to liability for injuries caused by the taking of a drug during pregnancy.
On September 26, 1956, near the end of her first trimester of pregnancy, plaintiff Claire Lyons notified her obstetrician that she was experiencing some bleeding. To prevent spontaneous abortion, he prescribed a drug generically known as stilbestrol or diethylstilbestrol...
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