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KORTENHAUS v. ELI LILLY & CO.

228 N.J. Super. 162 (1988)

549 A.2d 437

SUSAN KORTENHAUS, PLAINTIFF-RESPONDENT, v. ELI LILLY & COMPANY, DEFENDANT-APPELLANT, AND ABC, INC. NOS. 1 THROUGH 400 (NAMES BEING FICTITIOUS AND UNKNOWN BUT USED TO DESCRIBE MANUFACTURERS OF DES), DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided October 4, 1988.

Attorney(s) appearing for the Case

John L. McGoldrick argued the cause for appellant (McCarter & English, attorneys; John F. Brenner and Lisa M. Goldman, on the brief).

James M. Docherty argued the cause for respondent (Cohn & Lifland, attorneys; Daniel Crystal and James M. Docherty, on the brief).

Before Judges GAULKIN, BILDER and R.S. COHEN.

The opinion of the court was delivered by BILDER, J.A.D.

This is a prescription drug liability case brought against a manufacturer1 for in utero gynecological injury plaintiff Susan Kortenhaus alleges resulted from her mother's ingestion of DES during pregnancy.2 Her complaint asserts claims against defendant Eli Lilly & Company based on theories of negligence, strict liability and breach of warranty...

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