(DOWNLOAD) "Mindy Hymowitz v. Eli Lilly and Company Et Al." by Court of Appeals of New York * Book PDF Kindle ePub Free
eBook details
- Title: Mindy Hymowitz v. Eli Lilly and Company Et Al.
- Author : Court of Appeals of New York
- Release Date : January 04, 1989
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 81 KB
Description
[73 N.Y.2d 487 Page 502] Opinion OF THE COURT Plaintiffs in these appeals allege that they were injured by the drug diethylstilbestrol (DES) ingested by their mothers during pregnancy. They seek relief against defendant DES manufacturers. While not class actions, these cases are representative of nearly 500 similar actions pending in the courts in this State; the rules articulated by the court here, therefore, must do justice and be administratively feasible in the context of this mass litigation. With this in mind, we now resolve the issue twice expressly left open by this court, and adopt a market share theory, using a national market, for determining liability and apportioning damages in DES cases in which identification of the manufacturer of the drug that injured the plaintiff is impossible (see, Kaufman v Lilly & Co., 65 N.Y.2d 449, 456; Bichler v Lilly & Co., 55 N.Y.2d 571, 580). We also hold that the Legislature's revival for one year of actions for injuries caused by DES that were previously barred by the Statute of Limitations (see, L 1986, ch 682, § 4) is constitutional under the State and Federal Constitutions.
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