79 A.D.2d 317 (1981)

Joyce Bichler, Respondent-Appellant, et al., Plaintiff, v. Eli Lilly and Company, Appellant-Respondent, et al., Defendants

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

February 24, 1981

Attorney(s) appearing for the Case

Russel H. Beatie, Jr., of counsel (Blair C. Fensterstock and Colin W. Ewing with him on the brief; Dewey, Ballantine, Bushby, Palmer & Wood, attorneys), for appellant-respondent.

Alfred S. Julien of counsel (Sybil Shainwald, Leonard J. Finz and David Jaroslawicz with him on the brief; Julien, Schlesinger & Finz, P. C., attorneys), for respondent-appellant.

Robert J. Sisk of counsel (Hughes, Hubbard & Reed, attorneys), for Merck & Co., Inc., amicus curiae.

Kathy Ann Bennett for New York State Consumer Protection Board, amicus curiae.

Myrna P. Field and Joseph W. Marshall, III, of counsel (John G. Collins, attorney), for Mid-Atlantic Legal Foundation, Inc., and another, amici curiae.

BIRNS, FEIN and SANDLER, JJ., concur.


Plaintiff Joyce Bichler brought this product liability action against defendant Eli Lilly and Company (Lilly) and two other defendants for damages sustained by her as a result of the use of the prescription drug diethylstilbestrol (DES), a synthetic estrogen, which her mother ingested in 1953 while pregnant with plaintiff.

At the age of 17, plaintiff was diagnosed as having carcinoma...

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