METAURO v. ABBOTT LABS.


146 Misc.2d 537 (1990)

Johanna Metauro et al., Plaintiffs, v. Abbott Laboratories et al., Defendants.

Supreme Court, Erie County.

January 31, 1990


Attorney(s) appearing for the Case

Phillips, Lytle, Hitchcock, Blaine & Huber (Alexander C. Cordes of counsel), for E. R. Squibb & Sons, Inc., defendant. Walsh, Roberts & Grace (James R. Walsh of counsel), for Merck & Company, Inc., defendant. Harter, Secrest & Emery (Anthony R. Palermo of counsel), for Abbott Laboratories, defendant. Goodwin, Procter & Hoar (Richard A. Oetheimer of counsel), for Eli Lilly & Company, defendant. Sedgwick, Detert, Moran & Arnold (Nancy E. Gold of counsel), for Upjohn Company, defendant. Dempsey & Dempsey (Christina Kaiser Hurnyak of counsel), for plaintiffs.


JAMES B. KANE, J.

Defendant E.R. Squibb & Sons, Inc. (Squibb), a manufacturer of the drug diethylstilbestrol (DES), moves for partial summary judgment in the above-captioned matter dismissing the derivative claims of plaintiff Vincent Metauro, set forth in the fifth cause of action in the complaint. Plaintiff husband alleges, in support of his cause of action, that due to defendants' negligence he has...

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