2005 DES Case: Bortell v. Eli Lilly & Co.


… “Plaintiff was born in Pennsylvania in 1962 and grew up there, but has lived outside the state since 1985 and is currently a resident of California. Plaintiff’s mother, Ruth Bortell, took DES during her pregnancy with plaintiff. Dr. Emerson Fackler, the physician who prescribed the DES, used the term “diethylstibestrol” in writing the prescription without specifying a particular brand. Plaintiff’s mother filled Dr. Fackler’s prescriptions at the Rea and Derrick Pharmacy in Lemoyne, Pennsylvania. In 2001, while a resident of California, plaintiff was diagnosed as infertile. The following year, her doctor diagnosed her with a T-shaped uterus and stenotic cervix — classic manifestations of DES exposure. In December 2002, plaintiff suffered a spontaneous miscarriage.

BORTELL v. ELI LILLY & CO., Leagle, 2005407406FSupp2d1_1407, United States District Court, District of Columbia, October 20, 2005.

On May 7, 2004, plaintiff filed suit against defendants in the Superior Court for the District of Columbia seeking damages for injuries allegedly caused by in utero exposure to DES. On June 14, 2004, the case was removed by defendants to federal court under 28 U.S.C. §§ 1332 and 1441(b). Discovery closed on May 6, 2005, and defendants now move for summary judgment.” … 

… Read the full paper BORTELL v. ELI LILLY & CO., on Leagle.

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