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BICHLER v. LILLY & CO.

55 N.Y.2d 571 (1982)

Joyce Bichler, Respondent, et al., Plaintiff, v. Eli Lilly and Company, Appellant, et al., Defendants.

Court of Appeals of the State of New York.

Decided May 11, 1982.

Attorney(s) appearing for the Case

Russel H. Beatie, Jr., Blair C. Fensterstock, Colin W. Ewing and Helen E. Hoens for appellant.

Alfred S. Julien for respondent.

Robert J. Sisk, Naomi F. Sheiner and Julian S. Millstein for Merck & Co., Inc., amicus curiae.

Timothy L. Harker, Jeffrey N. Martin, William E. Blasier, Gary D. Lipkin, Michael W. Faber and Lewis A. Rivlin, of the Washington, D.C. Bar, admitted pro hac vice, for National Association of Manufacturers, amicus curiae.

Karen S. Burstein and Kathy Ann Bennett for New York State Consumer Protection Board, amicus curiae.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG concur.

MEYER, J.

To the extent the issue has been preserved for our review, the trial court's instructions concerning defendant pharmaceutical manufacturer's liability on a concerted action theory for injuries caused by prenatal exposure to diethylstilbestrol (DES) were not erroneous as a matter of law. Evaluating the evidence in light of those instructions, which became the governing law, we cannot say that the jury...

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