“Plaintiffs Nina Diamond and her parents, Adele and William Diamond, appeal a summary final judgment for the defendant drug manufacturer based upon the determination that their action for product liability is barred by the applicable statute of limitations.
DIAMOND v. E.R. SQUIBB & SONS, INC., Leagle, 19791587366So2d1221_11318, February 19, 1979.
Defendant, E.R. Squibb and Sons, Inc., manufactured a drug for pregnant women called “Stilbetin“, more commonly referred to as DES (diethylstilbestrol). During the period of her pregnancy with Nina from July 1955-April 1956, Adele was prescribed and ingested Stilbetin. Subsequently in May 1976 the Diamonds learned that Stilbetin was a cancer producing agent and females whose mothers had ingested the drug were developing cancerous or precancerous vaginal contamination as a result. Thereupon, the Diamonds in April 1977 filed the instant complaint for damages against Squibb on the grounds of negligence and strict liability.
They alleged that:
- Squibb knew or should have known that Stilbetin was a defective and a cancer producing agent prior to the administration of the drug to Adele Diamond
- Nina has developed or will develop cancerous lesions.” …
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