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ENRIGHT v. LILLY & CO.

155 A.D.2d 64 (1990)

Karen Enright, an Infant, by Patricia Enright, Her Parent and Natural Guardian, et al., Appellants-Respondents, v. Eli Lilly & Company et al., Respondents-Appellants, and Abbott Laboratories et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

March 22, 1990

Attorney(s) appearing for the Case

Leonard L. Finz, P. C., and DiJoseph & Gluck (Steven DiJoseph of counsel), for appellants-respondents.

Brown & Wood (Russel H. Beatie, Jr., Kenneth J. King and Charna L. Gerstenhaber of counsel), for Eli Lilly & Company, respondent-appellant.

Phillips, Lytle, Hitchcock, Blaine & Huber (Alexander C. Cordes of counsel), for E.R. Squibb & Sons, Inc. and others, respondents-appellants.

MIKOLL, YESAWICH, JR., and HARVEY, JJ., concur with CASEY, J. P.; WEISS, J., dissents and votes to affirm in an opinion.

CASEY, J. P.

At issue on this appeal is whether the infant plaintiff, Karen Enright (hereinafter plaintiff), who was born with various physical disabilities, has a cause of action against the manufacturers of the drug diethylstilbestrol (hereinafter DES), which was allegedly ingested by plaintiff's grandmother while pregnant with plaintiff's mother and allegedly caused certain physical abnormalities in the mother...

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