Seventh Circuit Affirms Lilly's Award of Summary Judgment in DES-Related Injury Case

CHICAGO - The Seventh Circuit recently affirmed a trial court's decision to award summary judgment to Eli Lilly after finding that a woman's DES-related injury claim was barred by the District of Columbia's three-year statute of limitations. Katherine Albers v. Eli Lilly & Co., No. 03-2320 (7th Cir.).

The appellate court's Jan. 6 opinion stated that the plaintiff, who was diagnosed in 1991 with having a classic T-shaped, DES exposed uterus,' failed to exercise reasonable diligence that could have revealed any of the manufacturer's alleged wrongdoing.

'On the undisputed facts, a reasonable person would have commenced an inquiry in 1991 …