Penny v. ABA Pharmaceutical Co.

In this products liability case, plaintiff alleges that she was injured as a result of in útero exposure to the drug diethylstilbestrol (des). Plaintiff’s mother was prescribed des to prevent a spontaneous abortion. Because of her inability to isolate the drug manufacturer of the product ingested, plaintiff based her claim on the alternative liability theory set forth in Abel v Eli Lilly & Co, 418 Mich 311, 329-331; 343 NW2d 164 (1984), reh den 419 Mich 1201 (1984), cert den 469 US 833 (1984). Under that theory, plaintiff was required to bring before the court all the manufacturers who may…