Susan CLARK and Robert Clark, Jr., Plaintiffs,
v.
ELI LILLY & COMPANY, The Abbott Laboratories, E.R. Squibb & Sons, Inc., The Upjohn Company, Burroughs Well-come, Co., Merrell-Dow Pharmaceuticals, Inc., Premo Pharmaceuticals Laboratories, Inc. d/b/a Bio Research Services, Inc., Flint Laboratories, a subsidiary of Baxter-Travenol Laboratories, Inc., Boyle & Co., McNeilab, Inc., and Rexall Corporation, Defendants.
United States District Court, N.D. New York.https://leagle.com/images/logo.png
November 24, 1989.
November 24, 1989.
Attorney(s) appearing for the Case
Smyk & Smyk, Binghamton, N.Y. (Stephen Smyk, of counsel), Menter, Rudin & Trivelpiece, Syracuse, N.Y. (David Magnarelli, of counsel), for plaintiff.
Goodwin, Procter & Hoar, Boston, Mass. (Richard A. Oetheimer, of counsel), Greene, Hershdorfer & Sharpe, Syracuse, N.Y. (Lorraine Rann, of counsel), for defendant Eli Lilly & Co.
Patterson, Belknap, Webb & Tyler, New York City (Robert Wilson, of counsel), Twining, Nemia, Hill & Steflik, Binghamton, N.Y., for defendants Abbott and McNeilab.
Phillips, Lytle, Hitchcock, Blaine & Huber, Buffalo, N.Y. (Alexander C. Cordes, of counsel), for defendant E.R. Squibb & Sons.
Sedwick, Detert, Moran & Arnold, New York City (David Covey, of counsel), for defendant Upjohn Co.
Lester, Schwab, Katz, & Dwyer, New York City (George Greene, of counsel), for defendant Burroughs Wellcome.
Hancock & Eastabrook, Syracuse, N.Y. (Janet Callahan, of counsel), for defendant Merrell Dow.
Chernin & Gold, Binghamton, N.Y. (Sanford P. Tanenhaus, of counsel), for defendant Premo Pharmaceuticals.
Hiscock & Barclay, Syracuse, N.Y. (Robert Barrer, of counsel), for defendant Flint Labs.
Winthrop, Stimson, Putnam & Roberts, New York City (A. Edward Grashof, of counsel), for defendant Rexall.
United States District Court, N.D. New York.
MEMORANDUM-DECISION AND ORDER
MUNSON, District Judge.
Susan and Robert Clark commenced this action to recover damages for injuries allegedly sustained as a result of Susan Clark's mother's alleged ingestion of diethystilbestrol ("DES") in 1954, while pregnant with Susan. Susan Clark claims that her in utero exposure to DES caused her to suffer various physical injuries. Her husband, Robert Clark, contends that because of the physical injuries which...
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