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PAYTON v. ABBOTT LABS

No. 85-1247.

780 F.2d 147 (1985)

Brenda PAYTON, et al., Plaintiffs, Appellees, v. ABBOTT LABS, et al., Defendants, Appellees, Eli Lilly and Company, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided December 27, 1985.

Attorney(s) appearing for the Case

Marshall Simonds, P.C. with whom James J. Dillon, Loretta M. Smith, and Goodwin, Procter & Hoar, Boston, Mass., were on brief for defendant, appellant.

David J. Fine with whom Gail Strassfeld, Jeanne Baker, and Silverglate, Gertner, Baker, Fine & Good, and Albert P. Zabin, Marcia J. Allar, and Schneider, Reilly, Zabin, Connolly & Costello, P.C., Boston, Mass., were on brief for plaintiffs, appellees.

Before BOWNES and BREYER, Circuit Judges and CEREZO, District Judge.

BOWNES, Circuit Judge.

Defendant Eli Lilly and Co. (Lilly) appeals from a judgment below awarding plaintiff Andrea Goldstein $50,000 for injuries she claims were caused by a drug, diethylstilbestrol (DES), ingested by her mother while Andrea was in utero. A separate claim of Mrs. Goldstein's husband, Paul, for loss of consortium was denied by the jury and no appeal has been taken from it.

In August 1977, Andrea and Paul Goldstein were added as plaintiffs...

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