… “The Appellants in the above-captioned appeal, are the Estate of Bettie W. Wood, Susan F. Wood and Jonathan H. Wood. Their mother took the drug Diethylstilbestrol (“DES”) during her three pregnancies. The ingestion took place at various times in the years 1956, 1958, 1961, and 1962. The original complaint was filed March 1, 1988 in the Broward County Circuit Court against Eli Lilly and Company and the Upjohn Company, Inc. Defendants removed the action to the district court. The gravamen of the complaint was that the plaintiffs were exposed to the DES in utero,and suffered subsequent illness as a result.
WOOD v. ELI LILLY & CO., Leagle, 19971578131F3d1447_11397, December 29, 1997.
Bettie W. Wood was diagnosed with clear cell adenocarcinoma in August, 1978 and advised that there might be a connection between her condition and the DES taken by her mother. She underwent surgery followed by yearly medical examinations with no indication of a recurrence until, March 2, 1984, when she was notified that the cancer had recurred. She died in 1991.
There has never been a diagnosis of cancer for Susan Wood, although in 1976 she was diagnosed with vaginal adenosis, and advised that this condition was often associated with DES exposure. In January, 1987 she had an ectopic pregnancy and a therapeutic abortion, which she alleges was related to the ingestion of DES by her mother.
By order of September 19, 1989, the district court dismissed the action because the plaintiffs could not identify the manufacturer or manufacturers of the DES ingested by their mother.
The plaintiffs appealed to this court, and while the appeal was pending, the Supreme Court of Florida handed down its decision in Conley v. Boyle Drug Co., holding that a market share theory of liability could be used in DES cases to apportion liability.” …
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