McElhaney v. Eli Lilly & Co.

MEMORANDUM OPINION

DONALD J. PORTER, District Judge.

Plaintiff Patricia Smith McElhaney is a “DES Daughter”; she was exposed to the prescription drug diethylstilbestrol (DES) in útero in 1949. She now complains of injuries allegedly caused by such prenatal exposure. 1 Defendant Eli Lilly & Co. admits that it manufactured and marketed the DES which plaintiff’s mother ingested in 1949. 2 Plaintiff’s cause of action is based solely on strict liability in tort. She contends that defendant’s DES, as marketed in 1949, was in a defective and unreasonably dangerous condition to the consumer. Defendant…