Judge Allows Third Generation DES Injury Claim to Proceed

BOSTON - A federal judge in Massachusetts has denied Eli Lilly's motion for summary judgment in a third generation case for injuries allegedly stemming from ingestion of DES by the plaintiff's grandmother. Maitre v. Eli Lilly & Co. No. 05-10442 (D. Mass.).

U.S. District Court for the District of Massachusetts Judge Joseph L. Tauro denied Eli Lilly's motion for summary judgment in a non-document order on Aug. 9. Eli Lilly had argued that Massachusetts courts have rejected preconception torts, in which a claimant alleges injury from an alleged tortuous action to his mother occurring before his conception.

In opposing …