Product Identification Dispute Leads to Settlement in DES-Related Injury Case

BOSTON - The parties involved in a DES-related injury suit agreed to settle the case for an undisclosed amount before oral arguments were heard on Eli Lilly's motion for summary judgment. Ellen J. Dean v. Eli Lilly & Co., No. 02-CV-11078 (RGS) (D. Mass.).

Sources told HarrisMartin Publishing that the decision to settle the case Dec. 10 stemmed from a number of disputes, including product identification and causation.

One such dispute arose when plaintiff's counsel submitted a survey he had conducted on pharmacists in order to determine if they could identify DES-containing pills by manufacturer. In the present …