“Defendants, formerly manufacturers of DES for use in pregnancy have moved for summary judgment on the claims of plaintiff Lynn Yarnall.
They contend that Yarnall’s claims are time-barred under the New York statute of limitations. Defendants’ motion is denied.
JELLOW v. ABBOTT LABORATORIES, Leagle, 19951464895FSupp569_11367, August 16, 1995.
Yarnall was born in New York in 1943. She moved to Florida in 1992, where she currently resides. She filed her complaint in the instant case on February 3, 1995. Her alleged medical problems include invasive adenocarcinoma requiring radical hysterectomy, partial vaginectomy, renal failure, and a variety of bladder problems requiring daily self-catheterization.
In 1977, cancer of the cervix was diagnosed requiring medical intervention, including a hysterectomy. Urinary tract problems developed in the late 1970s, including nighttime incontinence. Plaintiff experienced attacks of abdominal pain beginning in June of 1991. She was subsequently catheterized by a urologist. Plaintiff was diagnosed with a “radiated” nonfunctional bladder in March of 1992. She has had a Foley catheter inserted in her bladder for the last year and a half.
Plaintiff contends that she only recently learned about the role of DES in her medical problems. In 1989 Allsopp’s mother told her that she had taken “sebestrol” while pregnant. Allsop says that she learned about DES for the first time approximately a year and a half ago from an organization called DES Action. She claims that prior to that time, no one ever told her that DES caused her medical problems.” …
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