ARMATA v. ABBOTT LABS.


298 A.D.2d 90 (2002)

747 N.Y.S.2d 863

JUDITH S. ARMATA et al., Respondents, et al., Plaintiff, v. ABBOTT LABORATORIES et al., Appellants, et al., Defendants.

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

October 1, 2002.


Attorney(s) appearing for the Case

Harter, Secrest & Emery, LLP, Rochester, Gilbride, Tusa, Last & Spellana, LLC, Greenwich, Connecticut, Hodgson Russ LLP, Buffalo, Pitney, Hardin, Kipp & Szuch LLP, Morristown, New Jersey, Phillips, Lytle, Hitchcock, Blaine & Huber LLP, Buffalo, Sedgwick, Detert, Moran & Arnold, New York City, Goodwin Proctor LLP, Boston, Massachusetts (Richard A. Oetheimer, of the Massachusetts Bar, Admitted Pro Hac Vice, of counsel), for The Abbott Laboratories and others, appellants.

Walsh, Roberts & Grace, Buffalo (James R. Walsh of counsel), for Merck & Co., Inc., appellant.

Allen & Lippes, Buffalo (Christopher M. Duggan of counsel), for respondents.

GREEN, J.P., WISNER, SCUDDER and GORSKI, JJ., concur.


OPINION OF THE COURT

BURNS, J.

Plaintiffs commenced this action in New York alleging that they sustained injuries resulting from their in utero exposure to diethylstilbestrol (DES). Plaintiffs Judith Shepherd Armata, Kathleen Anna Maffa-Krailo and Marianne Margaret Alberigi (collectively, Massachusetts plaintiffs) were born in and are residents of the Commonwealth of Massachusetts and another plaintiff, Lorraine Allison Therrien, was born in and is a resident...

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