N.Y. Federal Judge Dismisses DES Case for Lack of Manufacturer Identification

NEW YORK — A New York federal judge has adopted a magistrate’s judge recommendation that claims against the makers of diethylstilbestrol be dismissed because the plaintiff could not identify the maker of the DES taken by her mother.

On Jan. 17, Judge Eric N. Vitaliano adopted a report and recommendation in which Magistrate Judge Joan M. Azrack noted that Texas law, which governs this case, requires plaintiffs to prove that the defendant supplied the product that caused the injury.

Laura A. Bezuidenhout, a Texas resident, sued Abbott Laboratories, Carnrick Laboratories Inc., Dart Industries Inc., E.R. Squibb & Sons, Eli Lilly …