STORY FROM: Drugs & Medical Devices
N.Y. Judge Dismisses DES Case for Failure to Identify Drug Manufacturer
January 8, 2013
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 ...
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