Legal Opinion
Patricia McElhaney v. Eli Lilly & Co., Etc.
Court of Appeals for the Eighth Circuit
Decided August 23, 1984No. 83-2710PublishedCited by 6 opinions
1Per curiam
In this action for strict liability in tort, plaintiff Patricia McElhaney claims to have sustained injuries as a result of her mother’s taking the prescription drug diethylstilbestrol (DES) during her pregnancy in 1949. The defendant Eli Lilly & Company' conceded that it manufactured the particular DES taken by the plaintiff’s mother.
Prior to trial, plaintiff indicated to the District Court that she would offer no proof that Eli Lilly knew or should have known of the dangerous condition of the drug. Defendant likewise conceded that no warnings, were given indicating potential dangers of the…
2Cases cited4 opinions
- Engberg v. Ford Motor CompanySouth Dakota Supreme Court · 1973
- Sterling Drug, Inc., a Corporation v. Irene M. YarrowCourt of Appeals for the Eighth Circuit · 1969
- Yarrow v. Sterling Drug, Inc.District Court, D. South Dakota · 1967
- McElhaney v. Eli Lilly & Co.District Court, D. South Dakota · 1983
3Cited by6 opinions
- Paul Schilf v. Eli Lilly & CompanyCourt of Appeals for the Eighth Circuit · 2012
- In Re Norplant Contraceptive Products Liability LitigationDistrict Court, E.D. Texas · 2002
- Jacobs v. Dista Products Co.District Court, D. Wyoming · 1988
- Foster v. Ethicon, Inc.District Court, D. South Dakota · 2021
- Paul Schilf v. Eli Lilly & CompanyCourt of Appeals for the Eighth Circuit · 2012
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