Salomon v. Eli Lilly and Co.

In their complaint, plaintiffs seek damages for personal injuries to plaintiff Susan Salomon caused by her mother’s use of diethylstilbestrol (DES) during her pregnancy with Susan. On its own motion, the trial court dismissed the complaint. We granted direct certification, 97 N.J. 594 (1984).

Without specifically pleading any particular theory of recovery, plaintiffs instituted this action against defendants as a class. On appeal, however, plaintiffs rely upon four theories to support their complaint. One theory is that defendants may be liable when, in pursuing a common scheme, any of them…