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MATHIS v. ELI LILLY AND CO.

No. 81-5803.

719 F.2d 134 (1983)

Jennifer Kay Brumit MATHIS and her husband, Barry L. Mathis, Plaintiffs-Appellants, v. ELI LILLY AND COMPANY, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided October 7, 1983.

Attorney(s) appearing for the Case

Samuel B. Miller, II (argued), Weller, Miller, Carrier & Miller, Johnson City, Tenn., for plaintiffs-appellants.

J. Paul Coleman, Herndon, Coleman, Brading & McKee, Johnson City, Tenn., Timothy A. Pratt (argued), Shook, Hardy & Bacon, Kansas City, Mo., for defendant-appellee.

Before LIVELY, Chief Judge, and MARTIN and WELLFORD, Circuit Judges.

WELLFORD, Circuit Judge.

This case was filed in a Tennessee state court by Mrs. Jennifer Mathis, joined in the suit by her husband, Barry Mathis, seeking damages for personal injury due to her exposure to diethylstilbestrol (DES), a drug developed by Eli Lilly as a synthetic hormone to prevent miscarriages. It is alleged that Mrs. Mathis' mother took DES in May, 1955, while pregnant without knowledge that the drug DES may cause cancer in her offspring. Mrs. Mathis...

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