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SHIRKEY v. ELI LILLY & CO.

No. 87-2122.

852 F.2d 227 (1988)

Julie A. SHIRKEY, Plaintiff-Appellant, v. ELI LILLY & COMPANY, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided July 12, 1988.

As Modified on Denial of Rehearing September 9, 1988.

Attorney(s) appearing for the Case

Robert L. Elliott, Cook & Franke, S.C., Milwaukee, Wis., for plaintiff-appellant.

Lane D. Bauer, Shook, Hardy & Bacon, Kansas City, Mo., for defendant-appellee.

Before CUDAHY, EASTERBROOK and KANNE, Circuit Judges.

CUDAHY, Circuit Judge.

Julie Shirkey, the plaintiff in this diversity action, appeals from a jury verdict in favor of Eli Lilly & Company ("Lilly"). Shirkey seeks tort damages under both strict liability and negligence theories as compensation for having contracted clear cell adenocarcinoma of the vagina, a cancer that has been linked to in utero exposure to synthetic estrogen. Shirkey attributes her illness to her mother's ingestion of diethylstilbestrol...

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