Susan Sandberg, Joel Sandberg v. White Laboratories, Inc., a Division of Scherling Corporation, a New Jersey Corp.

Sometime during 1951-1952, the mother of plaintiff-appellant Susan Sandberg, while pregnant with Susan, ingested dien-estrol (“DEN”), a drug manufactured by defendant-appellee White Laboratories, Inc. (“White”). Years after her birth, Susan developed a damaged cervix uteri and became sterile.

Susan and her husband Joel commenced this action on March 7, 1987 in New York State Supreme Court, seeking to recover damages for the injuries to Susan and the consequent loss of conjugal services sustained by Joel, which they assert were caused by the DEN that Susan’s mother ingested. The action was…