Silveri v. Abbott Laboratories

MEMORANDUM AND ORDER

WEINSTEIN, District Judge.

Plaintiff Angela Silveri, who is allegedly suffering from adenocarcinoma, moves for permission to introduce proof to show that Eli Lilly and Co. (“Lilly”) is responsible for the defective design of DES. Sage v. Fairchild-Swearingen Corp., 70 N.Y.2d 579, 528 N.Y.S.2d 418, 517 N.E.2d 1304 (1987). In Sage, an airline employee was injured by a ladder hanger. The hanger was a copy made by the third-party defendant’s employees when the original broke. The New York Court of Appeals held that the original manufacturer could be liable on a design defect…