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MATTER OF NEW YORK COUNTY DES LITIG..

187 A.D.2d 353 (1992)

In the Matter of New York County Des Litigation. Rose Flanagan et al., Appellants, v. Abbott Laboratories & Company et al., Respondents

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

November 17, 1992

The claims of the second generation victims of the drug DES for the costs of raising their prematurely born children, the third generation plaintiffs, were properly dismissed. We agree with the IAS Court that plaintiffs' "cost of raising" claims are derivative of the second generation claims, and therefore cannot be maintained (see, O'Hearn v O'Hearn, 55 A.D.2d 766, 768), in view...

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