BULTHUIS v. REXALL CORP.

Nos. 84-6090, 84-6145.

789 F.2d 1315 (1985)

Elizabeth BULTHUIS, Plaintiff-Appellant, v. REXALL CORPORATION, Upjohn Company, Merck & Company, Inc., E.R. Squibb & Sons, Eli Lily & Company, Miles Laboratories, Warner-Lambert Company, Abbott Laboratories, and White Laboratories, Inc., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided December 3, 1985.

As Amended April 4 and May 20, 1986.


Attorney(s) appearing for the Case

David Jaroslawicz, Los Angeles, Cal., for plaintiff-appellant.

James C. Martin, Adams, Duque, & Hazeltine, Los Angeles, Cal., Peter W. Davis, James C. Martin, Richard J. Heafey, Crosby & Heafey, Oakland, Cal., for defendants-appellees.

Before BROWNING, Chief Judge, CHAMBERS, Circuit Judge, and COYLE, District Judge.


PER CURIAM:

Defendant drug manufacturers were granted summary judgment on the ground there was no genuine issue that plaintiff's mother did not take Diethylstilbestrol (DES) during her pregnancy with plaintiff. We reverse.

Plaintiff's mother had three miscarriages before the birth of Elizabeth, her fourth child. Thirty years later plaintiff's own pregnancy was terminated and surgery was performed because of cancer of the cervix. Plaintiff sued the seven pharmaceutical...

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