Eli Lilly Awarded Summary Judgment on All Claims in DES Case

WASHINGTON, D.C. - A federal judge awarded summary judgment to Eli Lilly & Co. in a DES case, determining that without any medical records indicating that her mother even took the company's drug, the plaintiff cannot show that the manufacturer had a duty to warn of dangers associated with its use. Kelley v. Eli Lilly & Co., No. 05-1882 (D. D.C.).

Judge Royce C. Lamberth of the U.S. District Court for the District of Columbia ruled April 27 that all of plaintiff Melissa Kelley's claims must fail in the absence of proof the prescription was ever ordered or filled, or …