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KRIST v. ELI LILLY AND CO.

No. 89-1376.

897 F.2d 293 (1990)

Penelope KRIST, Plaintiff-Appellant, v. ELI LILLY AND COMPANY, Defendant-Appellee, v. ABBOTT LABORATORIES, et al., Third-Party Defendants.

United States Court of Appeals, Seventh Circuit.

Decided March 13, 1990.

Attorney(s) appearing for the Case

Daniel S. Grable, Rummel, Daly & Grable, Oconomowoc, Wis., for plaintiff-appellant.

John Swietlik, Kasdorf, Lewis & Swietlik, Milwaukee, Wis., David W. Brooks, Shook, Hardy & Bacon, Kansas City, Mo., for Eli Lilly & Co.

Harold Laufer, Davis & Kuelthau, Milwaukee, Wis., for Abbott Laboratories.

Donald Carlson, Frank Steeves, Riordan, Crivello, Carlson & Mentkowski, Milwaukee, Wis., for Premo Pharmaceutical Labs.

Robert W. Connell, Connell & Connell, Milwaukee, Wis., for Cooper Laboratories and Boyle & Co.

John H. Schaller, Francis Hughes, Fox, Carpenter, O'Neill & Shannon, Milwaukee, Wis., for Dorsey Laboratories.

Donald R. Peterson, Peterson, Johnson & Murray and Robert W. Connell, Connell & Connell, Milwaukee, Wis., for Boyle & Co.

Frank Doster, Hodan & Doster, Milwaukee, Wis., for E.R. Squibb & Sons.

Lee J. Geronime, Michael, Best & Friedrich, Milwaukee, Wis., for Kremers-Urban Co.

Before POSNER and EASTERBROOK, Circuit Judges, and DUMBAULD, Senior District Judge.

POSNER, Circuit Judge.

In the late 1940s, doctors began prescribing DES (diethylstilbestrol, a synthetic estrogen developed in England in the 1930s) to prevent miscarriages. Years later it was discovered that DES could injure the reproductive system of the daughters of women who had taken it. Penelope Krist claims to be one of those injured daughters. She brought this tort suit in 1987 against Eli Lilly and Company, which along with a number of other drug companies...

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