BURNSIDE v. ABBOTT LABORATORIES


351 Pa.Super. 264 (1985)

505 A.2d 973

Linda BURNSIDE and Spencer Burnside, her husband; Donna Giordano and Miron J. Giordano, her husband; Carol Janoss, an individual; Ann S. Lynch and Michael P. Lynch, her husband; Nancy Stark and Richard Stark, her husband, Appellants, v. ABBOTT LABORATORIES, a corporation; Adria Laboratories, Inc., a subsidiary of Hercules, Inc.; Alcon Laboratories, Inc., a corporation; Amfre-Grant, Inc., a subsidiary of Ormont Drug and Chemical, a corporation; Armour Pharmaceutical Co., a subsidiary of Revlon, Inc.; Breon Laboratories, Inc., a subsidiary of Sterling Drug, Inc., a corporation; Burroughs Wellcome Company, a subsidiary of the Wellcome Foundation, Inc., a corporation; C.D. Smith Drug Company, a corporation; Carnrick Laboratories, a division of G.W. Carnrick Company, a corporation: Chemetron Corporation, a corporation; Cole Pharmacal Company, Inc., a subsidiary of O'Neal, Jones & Feldman, Inc., a corporation; Dorsey Laboratories, a division of Sandoz, Inc., a corporation; Drug Products Company, Inc., a corporation; E.R. Squibb & Sons, Inc., a subsidiary of Squibb Corporation, a corporation; Eli Lilly & Co., a corporation; Kremers-Urban Company; Merck & Company, Inc., a corporation; Merck, Sharp & Dohme, a division of Merck and Company, a corporation; Merrell-Dow Pharmaceuticals, a division of Richardson-Merrell, a corporation; Miller Pharmacal Group; National Drug Company, a division of Richardson-Merrell, Inc., a corporation; Physicians Drug & Supply Company, a corporation; Physicians & Hospitals Supply Company, a corporation; Premo Pharmaceutical Laboratories, Inc., a corporation; Revlon, Inc., a corporation; Rexall Drug Company, a corporation; Richardson-Merrell, Inc., a corporation; Rowell Laboratories, Inc., a corporation; Sandoz, Inc., a corporation; Smith-Dorsey Sterling Drug Company, Inc., a corporation; Squibb Corporation, a corporation; Ulmer Pharmacal Company, a division of Physicians & Hospitals Supply Company, a corporation; Upjohn Company, a corporation; Vale Chemical Company; Vitamins, Inc., a corporation; Wander Company, a corporation; Warren-Teed Pharmaceuticals, Inc., a subsidiary of Rohm and Haas Co., a corporation; Webcon Pharmaceuticals Company, a subsidiary of Alcon Laboratories, a corporation; William H. Rorer, Inc., a corporation; William S. Merrell Company, a division of Richardson-Merrell, Inc., a corporation. Appeal of Linda BURNSIDE and Spencer Burnside, Donna Giordano and Miron J. Giordano, Carol Janoss, Nancy Stark and Richard Stark, and Ann S. Lynch and Michael P. Lynch.

Supreme Court of Pennsylvania.

Filed December 20, 1985.

Reargument Denied February 28, 1986.


Attorney(s) appearing for the Case

John T. Tierney, III, Pittsburgh, for appellants.

Frederick N. Egler, Pittsburgh, for Abbott, appellee.

Richard DiSalle, Pittsburgh, for Merck, appellee.

Kerry A. Kearney, Pittsburgh, for all appellees.

Before ROWLEY, WIEAND and DEL SOLE, JJ.


WIEAND, Judge:

In this action stating five separate claims for injuries allegedly sustained by five women against all pharmaceutical companies who allegedly manufactured diethylstilbestrol (DES), in which the women alleged that the drug had been ingested by their mothers (only one alleged that she had ingested the drug herself), the trial court granted complete or partial summary judgments in favor of twenty-six named defendants whose products could not have caused...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases