Tate v. Eli Lilly & Co.

MEMORANDUM

WISEMAN, District Judge.

This is a diversity case in which plaintiff seeks to recover damages for personal injuries allegedly resulting from her in útero exposure to the drug diethylstilbestrol, commonly known as “DES.” Defendant Merck & Co., Inc., has filed a Rule 12(b)(6) motion to dismiss the complaint. It maintains that the ten-year “cap” on products liability cases contained in section 3 of the Tennessee Products Liability Act of 1978 [the Act], codified at T.C.A. § 29-28-103(a) (1980), bars plaintiff’s right of action. Plaintiff argues that the ten-year cap is inapplicable…