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PENNY v. ABA PHARM CO

Docket No. 139328.

203 Mich. App. 178 (1993)

511 N.W.2d 896

PENNY v. ABA PHARMACEUTICAL COMPANY

Michigan Court of Appeals.

Decided December 29, 1993, at 9:20 A.M.

Attorney(s) appearing for the Case

Barr & Associates (by Charles J. Barr), for the plaintiff.

Kohl, Secrest, Wardle, Lynch, Clark & Hampton (by John Mitchell), for Wyeth Laboratories.

Cheatham & Acker, P.C. (by William E. Osantowski), for Kremers-Urban Company.

DeMoss & Thompson (by Peggy King Scully), for Approved Pharmaceutical Corporation.

Dickinson, Wright, Moon, Van Dusen & Freeman (by Kathleen A. Lang), and Shook, Hardy & Bacon (by Laurel J. Harbour and Michelle R. Mangrum), for Eli Lilly & Company.

Plunkett & Cooney, P.C. (by Robert G. Kamenec), for E.R. Squibb & Sons, Inc.

Before: WAHLS, P.J., and MICHAEL J. KELLY and CONNOR, JJ.

ON REMAND

PER CURIAM.

In this products liability case, plaintiff alleges that she was injured as a result of in utero exposure to the drug diethylstilbestrol (DES). Plaintiff's mother was prescribed DES to prevent a spontaneous abortion. Because of her inability to isolate the drug manufacturer of the product ingested, plaintiff based her claim on the alternative liability theory set forth in Abel v Eli Lilly & Co, 418 Mich. 311...

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