SUSAN SALOMON AND GARY SALOMON, HER HUSBAND, AND ANNE AND SAMUEL PORTELLI, HER PARENTS, PLAINTIFFS-APPELLANTS,
v.
ELI LILLY AND COMPANY, MERCK SHARP & DOHME; ABBOTT LABORATORIES; THE UPJOHN COMPANY, E.R. SQUIBB & SONS, INC., INDIVIDUALLY AND AS REPRESENTATIVES OF A CLASS, AND ABC, INC., #1 THROUGH #400 COMPANIES AND CORPORATIONS WHOSE IDENTITY IS UNKNOWN TO PLAINTIFFS AT THIS TIME, DEFENDANTS-RESPONDENTS.
The Supreme Court of New Jersey.https://leagle.com/images/logo.png
Argued October 22, 1984.
Decided December 5, 1984.
Attorney(s) appearing for the Case
Arthur Ian Miltz argued the cause for appellants (Kronisch & Schkeeper, attorneys).
John L. McGoldrick argued the cause for respondent Eli Lilly and Company (McCarter & English, attorneys; John L. McGoldrick, John F. Brenner, Gordon M. Chapman and Keith E. Lynott, on the brief).
Barry M. Epstein argued the cause for respondent E.R. Squibb & Sons, Inc. (Sills, Beck, Cummis, Zuckerman, Radin & Tischman, attorneys; Marc S. Klein and David N. Buda, on the brief).
Edwin A. Hartung, on behalf of respondent The Upjohn Company, relied upon the argument for respondent Eli Lilly and Company (Lamb, Chappell, Hartung, Gallipoli & Coughlin, attorneys; Mary B. Rogers, on the brief).
Thomas F. Campion, Glenn S. Pantel and Jonathan D. Britt, on behalf of respondent Merck Sharp & Dohme, a division of Merck & Co., Inc., relied upon the argument for respondent Eli Lilly and Company (Shanley & Fisher, attorneys).
William B. McGuire, on behalf of respondent Abbott Laboratories, relied upon the briefs for respondents Eli Lilly and Company and E.R. Squibb & Sons, Inc. and the argument for respondent Eli Lilly and Company (Tompkins, McGuire & Wachenfeld, attorneys).
James M. Docherty submitted a brief on behalf of amicus curiae The Association of Trial Lawyers of America (Cohn & Lifland, attorneys).
James S. Scherling submitted a brief on behalf of amicus curiae DES Action, National.
Joseph A. Spinella submitted a brief on behalf of amicus curiae DES Action, New Jersey.
Howard Moskowitz submitted a brief on behalf of amicus curiae White Lung Association.
The Supreme Court of New Jersey.
PER CURIAM.
In their complaint, plaintiffs seek damages for personal injuries to plaintiff Susan Salomon caused by her mother's use of diethylstilbestrol (DES) during her pregnancy with Susan. On its own motion, the trial court dismissed the complaint. We granted direct certification, 97 N.J. 594 (1984).
Without specifically pleading any particular theory of recovery, plaintiffs instituted...
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