Legal Opinion

In re New York County DES Litigation

Appellate Division of the Supreme Court of the State of New York

Decided May 28, 1991PublishedCited by 9 opinions

1Opinion of the Court

OPINION OF THE COURT

Asch, J.

In approximately 400 actions involving some 800 plaintiffs seeking damages against various drug company defendants for injuries allegedly incurred due to the use of a diethylstilbestrol (DES) by the mother before plaintiffs birth, defendant companies sought authorizations enabling them to obtain copies of the hospital and medical records of plaintiffs mothers, fathers, siblings and other family members. Defendants urged that this medical information of nonparty family members was necessary to show the claimed injuries were not the result of in utero exposure to DES…

2Cases cited8 opinions

  1. Griswold v. ConnecticutSupreme Court of the United States · 1965
  2. Whalen v. RoeSupreme Court of the United States · 1977
  3. Enright v. Eli Lilly & Co.New York Court of Appeals · 1991
  4. Herbst v. BruhnAppellate Division of the Supreme Court of the State of New York · 1984
  5. Scharlack v. Richmond Memorial HospitalAppellate Division of the Supreme Court of the State of New York · 1984

3 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Scalone v. Phelps Memorial Hospital CenterAppellate Division of the Supreme Court of the State of New York · 1992
  2. Van Epps v. County of AlbanyNew York Supreme Court · 2000
  3. Hope v. PeralesAppellate Division of the Supreme Court of the State of New York · 1993
  4. Schaner v. Mercy HospitalAppellate Division of the Supreme Court of the State of New York · 2005
  5. Wind v. Eli Lilly & Co.District Court, E.D. New York · 1993

4 more not listed; retrieve them via the Exa API.

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