Bowen v. Eli Lilly & Co.

The defendant argues that the plaintiffs negligence claim is barred because she commenced this action more than three years after her cause of action accrued. G. L. c. 260, § 2A (1988 ed.). A judge in the Superior Court agreed and allowed the defendant’s motion for summary judgment. We transferred the plaintiff’s appeal here on our own motion and now affirm the judgment.

We summarize the undisputed record facts. During her pregnancy with the plaintiff, the plaintiff’s mother took the prescription drug diethylstilbestrol (DES) to prevent a threatened miscarriage. The plaintiff was born on April…