1997 DES Case: Kush v. Abbott Laboratories


“Pennsylvania, where she was born in 1959 and resided until she moved to Massachusetts in 1984, is unable to identify the manufacturer of the DES her mother ingested, and urges application of the “market share” theory of liability. However, such is contrary to our recent precedent holding that where foreign residents’ exposures to DES occurred in foreign States, and New York’s connection to the actions is tenuous at best, “the substantive laws of the respective foreign States are applicable.

MATTER OF NY COUNTY DES ACTIONS, Leagle, 1997410238AD2d172_3318, April 8, 1997.

Even assuming that plaintiff’s injuries occurred in Massachusetts, where the effects of her mother’s ingestion of DES became manifest, “the place of the wrong is considered to be the place where the last event necessary to make the actor liable occurred.” …

… continue reading the full paper MATTER OF NY COUNTY DES ACTIONS, on Leagle.

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