65 N.Y.2d 449 (1985)

Karen L. Kaufman, Respondent, v. Eli Lilly and Company, Appellant, and Abbott Laboratories, Inc., et al., Respondents.

Court of Appeals of the State of New York.

Decided July 9, 1985.

Attorney(s) appearing for the Case

Russel H. Beatie, Jr., Helen E. Hoens and Babette L. D'Amelio for appellant.

Alfred S. Julien, David Jaroslawicz and William D. Fireman for Karen L. Kaufman, respondent.

Robert J. Sisk, Joseph B. Valentine and Thomas E. Hastings for Merck & Co., Inc., respondent.

Karl E. Seib, Jr., for Abbott Laboratories, respondent, which relies on the brief submitted by Merck & Co., Inc., respondent.

Thomas J. Maimone for E. R. Squibb & Sons, Inc., respondent.

Steven J. Ahmuty, Nancy Ledy Gurren, John J. Bower and Karen L. Hymowitz for The Upjohn Company, respondent.

Vale Chemical Company, Endo Laboratories, Inc., and Theodore G. Klumpp, respondents, precluded.

Chief Judge WACHTLER and Judges JASEN, KAYE, TITONE and BOOMER concur; Judges MEYER and ALEXANDER taking no part.


This is one of 15 similar actions pending in the First Department seeking to recover from pharmaceutical companies for injuries allegedly sustained by the plaintiff daughters as a result of their mothers' ingestion of the drug diethylstilbestrol (DES) while pregnant. In 1977 the Assistant Administrative Justice designated the actions as "complex litigation cases" and assigned them to Justice Arnold...

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