Brenda Payton v. Abbott Labs, Eli Lilly and Company
Court of Appeals for the First Circuit
1Opinion of the Court
BOWNES, Circuit Judge.
Defendant Eli Lilly and Co. (Lilly) appeals from a judgment below awarding plaintiff Andrea Goldstein $50,000 for injuries she claims were caused by a drug, diethylstilbestrol (DES), ingested by her mother while Andrea was in útero. A separate claim of Mrs. Goldstein’s husband, Paul, for loss of consortium was denied by the jury and no appeal has been taken from it.
In August 1977, Andrea and Paul Gold-stein were added as plaintiffs to the case of Payton v. Abbott Laboratories, which had begun in April 1976. This case was begun as a class action and was conditionally…
2Cases cited42 opinions
- Allied Chemical Corp. v. Daiflon, Inc.Supreme Court of the United States · 1980
- Dimick v. SchiedtSupreme Court of the United States · 1935
- Gasoline Products Co. v. Champlin Refining Co.Supreme Court of the United States · 1931
- Bell v. City of MilwaukeeCourt of Appeals for the Seventh Circuit · 1984
- Dan Lind v. Schenley Industries IncCourt of Appeals for the Third Circuit · 1960
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3Cited by117 opinions
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- Wagenmann v. AdamsCourt of Appeals for the First Circuit · 1987
- Allen Peteet, Ann I. Greenhill, Individually and on Behalf of the Heirs of the Estate of James Edward Greenhill, Deceased v. Dow Chemical CompanyCourt of Appeals for the Fifth Circuit · 1989
- Anne Anderson v. Cryovac, Inc., Anne Anderson v. Beatrice Foods Co.Court of Appeals for the First Circuit · 1988
- Freeman v. Package Machinery Co.Court of Appeals for the First Circuit · 1988
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