Enright v. Eli Lilly & Co.

570 N.E.2d 198, 77 N.Y.2d 377, 568 N.Y.S.2d 550 (1991)

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Enright v. Eli Lilly & Co.

Court of Appeals of New York
570 N.E.2d 198, 77 N.Y.2d 377, 568 N.Y.S.2d 550 (1991)

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Facts

Karen Enright’s (plaintiff) grandmother ingested the prescription drug DES while pregnant with Karen’s mother. Due to the ingestion, Karen’s mother developed abnormalities in her reproductive system which resulted in Karen’s premature birth. Karen suffered from cerebral palsy and other disabilities allegedly resulting from her premature birth. Karen's parents brought an action against DES manufacturers including Eli Lilly (defendants) on their own behalf and on behalf of Karen, asserting claims for negligence, breach of warranty, fraud, and strict products liability. The trial court dismissed the claims brought on Karen's behalf, but the appellate division reinstated Karen's strict-products-liability claim. Lilly and the other defendants appealed.

Rule of Law

Issue

Holding and Reasoning (Wachtler, C.J.)

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