… “The plaintiffs, Mrs. and Mr. Wood, are parents of a son whose premature birth and resulting permanent injury to his digestive system costs them significant medical expense. The Woods contend their losses were ultimately caused by exposure to a synthetic estrogen, DES. In 1959, while the son’s grandmother was pregnant with his mother, the grandmother was prescribed and took DES. The grandmother purchased this medication from a military pharmacy in Florida. Twenty-nine years later, the mother gave birth to her son prematurely. The Woods allege injuries to their son were the result of the mother’s in utero exposure to DES while she was carried by the grandmother.
WOOD v. ELI LILLY & CO., Leagle, 199454838F3d510_1473, October 11, 1994.
The Woods originally named twenty-seven drug manufacturer defendants and claimed all were liable under market share nonidentification theory. By November 1991, when the Woods filed their third amended complaint, twenty-four of the original twenty-seven defendants had been dismissed, although the Woods added another defendant during the interim. The four remaining defendants filed motions for summary judgment based on the inability of plaintiffs to identify the specific manufacturer of the DES ingested by the grandmother. The Woods moved to amend to assert the additional nonidentification theory of alternative liability, and their motion was denied. Nonetheless, the Woods asserted alternative liability in their opposition to defendants’ summary judgment motions.” …
… read the full paper WOOD v. ELI LILLY & CO, on Leagle.