Mertens v. Abbott Laboratories
United States District Court for the District of New Hampshire
99 F.R.D 38 (1983)
- Written by Catherine Cotovsky, JD
Facts
Laurie Mertens and eleven others (plaintiffs) sued several manufacturers (manufacturers) (defendants) of diethylstilbestrol (DES) for injuries the plaintiffs suffered from in utero exposure to DES that was likely produced by one or more of the manufacturers. The proposed class included eight women whose DES-related injuries varied from cancerous conditions to reproductive abnormalities and infertility that necessitated medical care, ranging from frequent procedures to multiple surgeries. The plaintiffs sought multiple forms of relief, including damages for their individual injuries, establishment of treatment facilities, and dedication of funds for themselves and others whose injuries from DES-exposure may manifest in the future. The manufacturers included only 11 companies, who claimed that they were only a few of hundreds of companies that manufactured DES during the time period when the plaintiffs were exposed. The plaintiffs moved to certify their lawsuit as a class action.
Rule of Law
Issue
Holding and Reasoning (Boyle, C.J.)
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