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ANDERSON v. LILLY & CO.

158 A.D.2d 91 (1990)

Carol Anderson et al., Appellants-Respondents, v. Eli Lilly & Company et al., Respondents-Appellants, and Merck & Company, Inc., Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

June 28, 1990

Attorney(s) appearing for the Case

Leonard L. Finz (Steven DiJoseph, Barry Salzman and Stuart L. Finz of counsel), for appellants-respondents.

Brown & Wood (Russel H. Beatie, Jr., Kenneth J. King and Charna L. Gerstenhaber of counsel), for Eli Lilly & Company, respondent-appellant.

Phillips, Lytle, Hitchcock, Blaine & Huber (Alexander C. Cordes of counsel), for E.R. Squibb & Sons, Inc., respondent-appellant.

Patterson, Belknap, Webb & Tyler for Abbott Laboratories, respondent-appellant.

Sedgwick, Detert, Moran & Arnold for Upjohn Company, Inc., respondent-appellant.

Winthrop, Stimson, Putnam & Roberts for Rexall Drug Company, Inc., respondent-appellant.

DeGraff, Foy, Conway, Holt-Harris & Mealey (Carroll J. Mealey, F. Douglas Novatny, Maureen A. Keegan and Kirk M. Lewis of counsel), for respondent.

WEISS, MIKOLL, MERCURE and HARVEY, JJ., concur.

CASEY, J. P.

Plaintiff Carol Anderson (hereinafter plaintiff) alleges that her exposure to the drug diethylstilbestrol (hereinafter DES) while she was in utero caused certain abnormalities in her reproductive system which prevented her from giving birth to a healthy child and ultimately resulted in a radical hysterectomy, which has left her infertile. Asserting causes of action based upon, inter alia...

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