Hymowitz v. Eli Lilly & Co.
Court of Appeals of New York
539 N.E.2d 1069 (1989)
Around 300 companies manufactured and marketed the drug DES for pregnant women to prevent miscarriages; decades later, many of those mothers' daughters developed vaginal cancer and other complications, but the long time lapse made it essentially impossible for most mothers to recall which specific manufacturer produced the pills they took. New York's legislature revived DES claims otherwise barred by the statute of limitations; Hymowitz (plaintiff) sued Eli Lilly and other DES manufacturers (defendants), who moved for summary judgment on the ground that Hymowitz couldn't prove which specific manufacturer produced the DES that caused her injury. The trial court denied the motion, and the appellate court affirmed.
Whether a plaintiff injured by DES must prove which specific manufacturer produced the drug she was exposed to, given that the passage of decades has made such individualized proof of causation essentially impossible for virtually all DES plaintiffs.