SMITH v. ELI LILLY & CO.

Nos. 67732, 67747 cons.

137 Ill.2d 222 (1990)

560 N.E.2d 324

SANDRA SMITH, Appellee, v. ELI LILLY & COMPANY et al., Appellants.

Supreme Court of Illinois.

Modified on denial of rehearing October 1, 1990.


Attorney(s) appearing for the Case

Richard C. Bartelt, of Wildman, Harrold, Allen & Dixon, of Chicago, and Stephen E. Scheve and Laura D. Stith, of Shook, Hardy & Bacon, of Kansas City, Missouri, for appellant Eli Lilly & Company.

Hugh L. Moore, of Lord, Bissell & Brook, of Chicago, for appellant Abbott Laboratories.

Perry L. Fuller, of Hinshaw, Culbertson, Moelmann, Hoban & Fuller, of Chicago, for appellant William H. Rorer, Inc.

Chadwell & Kayser, Ltd., and Connelly, Mustes, Palmer & Schroeder (Bruce C. Howard, of counsel), all of Chicago, for appellant Premo Pharmaceutical Labs.

James T. Ferrini and Lisa Marco Kouba, of Clausen, Miller, Gorman, Caffrey & Witous, P.C., of Chicago, for appellant C.D. Smith Pharmacal.

Burditt, Bowles & Radzius, Chtd., of Chicago (Robert G. Epsteen and Richard E. Favoriti, of counsel), for appellant Boyle & Company.

Grotefeld & Associates, Chtd., of Chicago (William Stewart Grotefeld, of counsel), for appellant S.E. Massengill Company.

Hayes & Power, of Chicago (John D. Hayes, Joseph A. Power, Jr., and David A. Novoselsky, of counsel), for appellee.

James C. Murray, Jr., Kirk T. Hartley and Marcy K. Weaver, of Katten, Muchin & Zavis, of Chicago, for amicus curiae Illinois Manufacturers' Association.

Cooney & Conway, of Chicago (Kathy Byrne and Kevin J. Conway, of counsel), for amicus curiae Illinois Trial Lawyers Association.


Reversed and remanded.

JUSTICE RYAN delivered the opinion of the court:

The plaintiff in this appeal alleges that she was injured by the drug diethylstilbestrol (DES), which her mother ingested during pregnancy. She seeks relief against defendant DES manufacturers. The issue is whether, in a negligence and strict liability cause of action, Illinois should substitute for the element of causation in fact a theory...

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