Mulcahy v. Eli Lilly & Co.

386 N.W.2d 67 (1986)

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Mulcahy v. Eli Lilly & Co.

Iowa Supreme Court
386 N.W.2d 67 (1986)

  • Written by Noah Lewis, JD

Facts

During her 1949 pregnancy with Linda Mulcahy (plaintiff), Cleo Rorman was prescribed diethylstilbestrol (DES), a synthetic estrogen regulated by the Food and Drug Administration (FDA). Linda and her husband, Michael Mulcahy (plaintiff), alleged DES injured Linda in utero, later causing her to twice give birth prematurely, harming her children. Unable to identify which company manufactured Rorman’s DES, the Mulcahys filed a federal suit against 25 companies that manufactured and marketed DES in 1949 (defendants), but other possible manufacturers existed. The Mulcahys sought recovery based on strict liability, negligence, misrepresentation, breach of warranties, alternate liability, enterprise liability, market-share liability, and concert of action. Three defendants, Eli Lilly, Abbott, and Upjohn, had DES sales in Ames, Iowa, but others may have as well. The federal district court was prepared to issue summary judgment for the other 22 defendants but first certified questions to the Iowa Supreme Court: (A) In a DES-product-liability case, does Iowa law recognize (1) market-share liability, (2) alternative liability, and (3) enterprise liability?; (B) if so, (1) what is a plaintiff’s burden of proof and production, and (2) what must a manufacturer demonstrate to avoid liability?

Rule of Law

Issue

Holding and Reasoning (Schultz, J.)

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