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BICHLER v. LILLY & CO.

50 A.D.2d 90 (1975)

Joyce Bichler, an Infant, by Her Father and Natural Guardian Max Bichler, et al., Respondents, v. Eli Lilly and Co., Appellant, et al., Defendants

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

December 11, 1975

Attorney(s) appearing for the Case

Russel H. Beatie, Jr., of counsel (Steven C. Kany and William L. Warren with him on the brief; Dewey, Ballantine, Bushby, Palmer & Wood, attorneys), for appellant.

Alfred S. Julien of counsel (David Jaroslawicz with him on the brief; Julien & Schlesinger, P. C., attorneys), for respondents.

STEVENS, P. J., LUPIANO, TILZER, CAPOZZOLI and NUNEZ, JJ., concur.

Per Curiam.

In this personal injury action the infant plaintiff claims that she was injured by Diethylstilbestrol ("DES"), a prescription drug manufactured by defendant-appellant, Eli Lilly and Co. Lilly defends on the ground that the drug was properly tested and was approved by the Federal Drug Administration. Doctor Don Carlos Hines was Lilly's monitor for the testing of DES during the period 1940-1950. He is now...

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