2006 DES Case: Clayton v. Eli Lilly & Co.


… “The defendant, Eli Lilly and Company (“Eli Lilly”) is engaged in the manufacturing, marketing, sale, promotion and distribution of pharmaceuticals throughout the United States. The defendant formerly sold and distributed the drug diethylstilbestrol (“DES”), a drug used by millions of women to “prevent miscarriage“. DES use in pregnancy was subsequently contraindicated by the FDA and recalled by manufacturers.

CLAYTON v. ELI LILLY & CO., Leagle, 2006498421FSupp2d77_1492, United States District Court, District of Columbia, March 16, 2006.

In 1964, the plaintiffs mother, Margaret White, was pregnant with the plaintiff in Birmingham, Alabama, and took DES during her pregnancy. Consequently, the plaintiff alleges she was exposed to DES in utero. The plaintiff claims that she has suffered injuries, including uterine and cervical malformations with resulting infertility, incurred medical expenses for care and treatment, and suffered physical and mental pain and suffering, and that her injuries were caused by her exposure to DES in utero. 

White filled her prescription for DES at the P & S Apothecary’s Five Points West branch in Birmingham. Although White did not originally recall taking any medication during her pregnancy with the plaintiff, after reviewing materials provided by her daughter’s attorneys, White recalled taking white, cross-scored DES tablets during her pregnancy. The defendant manufactured white, cross-scored DES pills during the relevant time period in Birmingham. Although nearly a hundred other companies also manufactured DES at that time, the plaintiff contends that only the defendant manufactured a DES pill like the one the plaintiff’s mother described.” …

… read the full paper CLAYTON v. ELI LILLY & CO. on Leagle.

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