Legal Opinion

Hymowitz v. Eli Lilly & Co.

New York Supreme Court

Decided July 16, 1987PublishedCited by 8 opinions

1Opinion of the Court

OPINION OF THE COURT

Ira Gammerman, J.

In this pharmaceutical product liability action, plaintiff *483Mindy Hymdwitz alleges that she developed cancer as a result of prenatal exposure to diethylstilbestrol (DES), a synthetic estrogen taken by her mother in 1954 during pregnancy to prevent possible miscarriage.

Plaintiff was born on December 11, 1954. The cancerous condition for which plaintiff seeks damages allegedly appeared in 1979. Under the Statute of Limitations then applicable (CPLR 208, 214), plaintiff was barred from commencing suit in December 1975 (three years after reaching the age of…

2Cases cited22 opinions

  1. Dandridge v. WilliamsSupreme Court of the United States · 1970
  2. Williamson v. Lee Optical of Oklahoma, Inc.Supreme Court of the United States · 1955
  3. Weinberger v. SalfiSupreme Court of the United States · 1975
  4. Plyler v. DoeSupreme Court of the United States · 1982
  5. Village of Belle Terre v. BoraasSupreme Court of the United States · 1974

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3Cited by8 opinions

  1. Jack P. Racich and Gertrude C. Racich v. The Celotex CorporationCourt of Appeals for the Second Circuit · 1989
  2. Besser v. E. R. Squibb & Sons, Inc.Appellate Division of the Supreme Court of the State of New York · 1989
  3. Singer v. Eli Lilly & Co.Appellate Division of the Supreme Court of the State of New York · 1990
  4. Hymowitz v. Eli Lilly & Co.Appellate Division of the Supreme Court of the State of New York · 1988
  5. Susan Sandberg, Joel Sandberg v. White Laboratories, Inc., a Division of Scherling Corporation, a New Jersey Corp.Court of Appeals for the Second Circuit · 1989

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