1992 DES Case: Silveri v. Eli Lilly & Co.


“Plaintiff Angela Silveri, who is allegedly suffering from adenocarcinoma, moves for permission to introduce proof to show that Eli Lilly and Co. (“Lilly”) is responsible for the defective design of DES.” …

… “Plaintiff argues that the “Sage rule” should apply to Lilly because Lilly was mainly responsible for developing the use of DES in pregnancy. Applying the Sage rule would permit the plaintiff to escape from the Hymowitz rule limiting recovery against Lilly to its share of the market.

IN RE DES CASES, Leagle, 19921337789FSupp548_11222, April 10, 1992.

The Hymowitz court held that where a plaintiff is unable to identify the manufacturer or manufacturers of the DES which injured her, the defendants are severally liable under a market share theory. No other theory is available.”…

… “Angela Silveri also urges this court to permit her to proceed on a concert of action theory.”…

… read the full paper IN RE DES CASES, on Leagle.

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