Bichler v. Eli Lilly & Co.
New York Court of Appeals
1Opinion of the Court
*576OPINION OF THE COURT
Meyer, J.
To the extent the issue has been preserved for our review, the trial court’s instructions concerning defendant pharmaceutical manufacturer’s liability on a concerted action theory for injuries caused by prenatal exposure to diethylstilbestrol (DES) were not erroneous as a matter of law. Evaluating the evidence in light of those instructions, which became the governing law, we cannot say that the jury’s verdict is without a sufficient factual foundation. The order of the Appellate Division should, therefore, be affirmed.
I
DES is a powerful synthetic substance that…
2Cases cited19 opinions
- Dole v. Dow Chemical Co.New York Court of Appeals · 1972
- Martin v. City of CohoesNew York Court of Appeals · 1975
- Caprara v. Chrysler Corp.New York Court of Appeals · 1981
- Hall v. EI Du Pont De Nemours & Co., Inc.District Court, E.D. New York · 1972
- Wolfgruber v. Upjohn Co.Appellate Division of the Supreme Court of the State of New York · 1979
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3Cited by152 opinions
- Fletcher v. Atex, Inc.Court of Appeals for the Second Circuit · 1995
- Payton v. Abbott LabsMassachusetts Supreme Judicial Court · 1982
- Berry by and Through Berry v. Beech AircraftUtah Supreme Court · 1985
- Hymowitz v. Eli Lilly & Co.New York Court of Appeals · 1989
- Zafft v. Eli Lilly & Co.Supreme Court of Missouri · 1984
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