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GIANVITO v. PREMO PHARMACEUTICAL LABORATORIES, INC.

7158, 7159, 7160, 7161, 107629/09, 107888/10, 107887/10, 107886/10.

93 A.D.3d 546 (2012)

940 N.Y.S.2d 272

2012 NY Slip Op 2066

DONNA GIANVITO, Appellant, v. PREMO PHARMACEUTICAL LABORATORIES, INC., Respondent. JILL KERN, Appellant, v. PREMO PHARMACEUTICAL LABORATORIES, INC., Respondent. KIM KIERNAN, Appellant, v. PREMO PHARMACEUTICAL LABORATORIES, INC., Respondent. KATHLEEN DALTON, as Executrix of MARY MARGARET NORTON, Deceased, Appellant, v. PREMO PHARMACEUTICAL LABORATORIES, INC., etc., Defendant-Respondent.

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

Decided March 20, 2012.

In these product liability actions, plaintiffs allege that they suffered injury due to in utero exposure to the estrogen drug Diethylstilbestrol (DES), and they urge application of the "market share" theory of liability. The law to be applied in DES cases is the law of "the place of the wrong," which is considered to be "the place where the last event necessary to make the actor liable occurred" (Kush v Abbott Labs.,

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