N.Y. Judge Dismisses DES Case for Failure to Identify Drug Manufacturer

NEW YORK — A New York federal judge has adopted a magistrate judge’s recommendation that claims brought against several drug makers in a diethylstilbestrol injury case be dismissed because the plaintiff could not establish which defendant manufactured the DES taken by her mother.

Judge Eric N. Vitaliano of the U.S. District Court for the Eastern District of New York also agreed with the magistrate judge that Quebec, rather than New York, law applies to the case because that is where the plaintiff’s mother allegedly ingested the drug.

Wendy Summers, a Quebec resident, sued several drug companies, alleging that her mother’s …

  • Day Pitney
  • Drinker Biddle Reath
  • Gilbride, Tusa, Last & Spellane
  • Harvey Gladstein & Partners
  • Law Office of Sybil Shainwald
  • Pepper Hamilton
  • Rivkin Radler
  • Robert D. Wilson Jr.
  • Sedgwick


HarrisMartin's Talcum Powder Litigation Conference: Onward and Upward!

April 26, 2023 - Washington, DC
Fairmont Washington, D.C. - Georgetown


HarrisMartin's May MDL Conference: Updates and Challenges Facing Current High Stakes Mass Tort Litigation

May 24, 2023 - Philadelphia, PA
Four Seasons Hotel Philadelphia at Comcast Center