“Plaintiffs are seven of the many so-called “DES daughters” who have sued various drug companies, alleging that they suffer from malformations of their reproductive tracts because they were exposed, in utero, to DES, which was prescribed for their mothers in order to prevent miscarriages.
Appellee is Eli Lilly and Co., the only one of nine original defendants that plaintiffs did not voluntarily dismiss.
Plaintiffs, who are residents of Maryland and of the District of Columbia, invoked the diversity jurisdiction of the District Court.
TIDLER v. ELI LILLY AND CO., Leagle, 19881269851F2d418_11186, July 12, 1988.
That court granted Lilly’s motion for summary judgment because it determined that the plaintiffs had no competent evidence that the defendant manufactured the DES ingested by their mothers, and under the laws of both the District of Columbia and of Maryland, plaintiffs cannot recover without proof that the defendant proximately caused their injuries.
Plaintiffs brought this appeal and thereafter also moved this court to refer controlling questions of law to the highest court in each of those jurisdictions.” …
… continue reading the full paper TIDLER v. ELI LILLY AND CO., on Leagle.