Sandra SMITH, Appellee,
v.
ELI LILLY & COMPANY et al., Appellants.
Supreme Court of Illinois.https://leagle.com/images/logo.png
July 3, 1990.
As Modified on Denial of Rehearing October 1, 1990.
Attorney(s) appearing for the Case
Richard C. Bartelt, of Wildman, Harrold, Allen & Dixon, Chicago, and Stephen E. Scheve and Laura D. Stith, of Shook, Hardy & Bacon, Kansas City, Mo., for appellant Eli Lilly & Co.
Hugh L. Moore, of Lord, Bissell & Brook, Chicago, for appellant Abbott Laboratories.
Perry L. Fuller, of Hinshaw, Culbertson, Moelmann, Hoban & Fuller, Chicago, for appellant William H. Rorer, Inc.
Chadwell & Kayser, Ltd., and Connelly, Mustes, Palmer & Schroeder (Bruce C. Howard, of counsel), Chicago, for appellant Premo Pharmaceutical Labs.
James T. Ferrini and Lisa Marco Kouba, of Clausen, Miller, Gorman, Caffrey & Witous, P.C., Chicago, for appellant C.D. Smith Pharmacal.
Burditt, Bowles & Radzius, Chtd., Chicago (Robert G. Epsteen and Richard E. Favoriti, of counsel), for appellant Boyle & Co.
Grotefeld & Associates, Chtd., Chicago (William Stewart Grotefeld, of counsel), for appellant S.E. Massengill Co.
Hayes & Power, 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, Chicago, for amicus curiae Illinois Mfrs' Ass'n.
Cooney & Conway, Chicago (Kathy Byrne and Kevin J. Conway, of counsel), for amicus curiae Illinois Trial Lawyers Ass'n.
Supreme Court of Illinois.
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 of market share liability when identification of the manufacturer of the drug...
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