SANDRA SMITH, Plaintiff-Appellee and Cross-Appellant,
v.
ELI LILLY & COMPANY et al., Defendants-Appellants and Cross-Appellees (Penick Corporation et al., Defendants and Cross-Appellees).
Appellate Court of Illinois — First District (1st Division).https://leagle.com/images/logo.png
Opinion filed May 25, 1988.
Rehearing denied August 22, 1988.
Attorney(s) appearing for the Case
Wildman, Harrold, Allen & Dixon, of Chicago, and Shook, Hardy & Bacon, of Kansas City, Missouri (Richard C. Bartelt, of counsel), for Eli Lilly & Company.
Lord, Bissell & Brook, of Chicago (Hugh L. Moore and Judith A. Royal, of counsel), for Abbott Laboratories.
Connelly, Ruberry & Mustes, of Chicago (Michael P. Connelly, of counsel), for Premo Pharmaceutical Laboratories, Inc.
Coffield, Ungaretti, Harris & Slavin, of Chicago (J. Timothy Eaton and Daniel P. Albers, of counsel), for Carroll Dunham Smith Pharmacal Company and Kremers-Urban Company.
Hinshaw, Culbertson, Moelmann, Hoban & Fuller, of Chicago (Stephen R. Swofford, J. Timothy Eaton, and Timothy M. Kelly, of counsel), for William H. Rorer, Inc.
William S. Grotefeld & Associates, P.C., of Chicago (Richard A. Vierling, of counsel) for S.E. Massengill Company.
Raymond J. Langer, of Elmhurst, for Harvey Laboratories, Inc.
Burditt, Bowles & Radzius, Ltd., of Chicago (Robert G. Epsteen, Richard E. Favoriti, and William F. Haley, of counsel), for Boyle & Company and E.R. Squibb & Sons, Inc.
John Cadwalader Menk & Associates, of Chicago (John Cadwalader Menk and Garry H. Walters, of counsel), for Ayerst Laboratories, Inc., and American Home Products Corporation.
Hayes & Power, of Chicago (John D. Hayes, William K. Hedrick, and David A. Novoselsky, of counsel), for Sandra Smith.
Mayer, Brown & Platt, of Chicago (James W. Gladden, Jr., and Judith M. Janssen, of counsel), for Penick Corporation and CPC International, Inc.
Johnson, Cusack & Bell, Ltd., of Chicago (William V. Johnson, Robert L. Nora, and Thomas H. Fegan, of counsel), for Merck & Company, Inc.
Clausen, Miller, Gorman, Caffrey & Witous, P.C., of Chicago (James T. Ferrini, James O. Nolan, Mayer Goldberg, Daniel J. O'Connell, and Lisa Marco Kouba, of counsel), for Rexall Drug Company.
Cassiday, Schade & Gloor, of Chicago (Michael J. Gallagher, Michael J. Morrissey, and Annette J. Regos, of counsel), for Carnick Laboratories, Inc.
Jerome H. Torshen, Ltd., and Garretson & Santora, both of Chicago (Jerome H. Torshen and Abigail K. Spreyer, of counsel), for Sterling Drug, Inc.
Sidley & Austin, of Chicago (William P. Richmond, John Dames, Barbara M. DeCoster, and Alan B. Silverberg, of counsel), for Armour Pharmaceutical Company and The Upjohn Company.
Appellate Court of Illinois — First District (1st Division).
Affirmed in part, and reversed in part and remanded.
JUSTICE BUCKLEY delivered the opinion of the court:
The present consolidated appeal arises out of a pharmaceutical product liability action brought by plaintiff against various drug companies seeking recovery for injuries allegedly caused by her mother's ingestion of diethylstilbestrol (DES). The trial court granted the drug companies' joint motion for summary judgment as to counts I through IX of plaintiff...
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