Helmrich v. Eli Lilly & Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
SCHNEPP, J.
In an action for damages brought by a plaintiff who claims that she was prenatally exposed to diethystilbestrol (DES) and developed vaginal cancer, we are confronted with the question whether a hospital which is alleged to have treated her improperly may seek contribution from the pharmaceutical manufacturer which produced, marketed and sold the alleged cancer-causing agent. We hold that under the facts in this case as framed by the pleadings the hospital may seek contribution.
*442DES is the generic name for a medication which duplicates the effects of natural…
2Cases cited11 opinions
- Dole v. Dow Chemical Co.New York Court of Appeals · 1972
- Phillips v. Joseph Kantor & Co.New York Court of Appeals · 1972
- Bichler v. Eli Lilly & Co.New York Court of Appeals · 1982
- Schauer v. JoyceNew York Court of Appeals · 1981
- Taft v. Shaffer Trucking, Inc.Appellate Division of the Supreme Court of the State of New York · 1976
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3Cited by11 opinions
- Ravo v. RogatnickNew York Court of Appeals · 1987
- Merchants Bank of New York v. Credit Suisse BankDistrict Court, S.D. New York · 1984
- Lewis v. Yonkers General HospitalAppellate Division of the Supreme Court of the State of New York · 1991
- Frederic v. St. John's Episcopal HospitalAppellate Division of the Supreme Court of the State of New York · 1984
- Miloscia v. B.R. Guest Holdings LLCNew York Supreme Court · 2011
6 more not listed; retrieve them via the Exa API.