Eli Lilly Fails to Convince Judge that DES Couldn't Be Cause of Plaintiff's Infertility

DISTRICT OF COLUMBIA - A federal judge on May 9 denied Eli Lilly's bid for summary judgment in a DES case, citing conflicting expert testimony on the cause of the plaintiff's infertility. Kramer v. Eli Lilly and Co., No. 03-02325 (D. D.C.).

Judge Henry H. Kennedy Jr. of the U.S. District Court for the District of Columbia said that drawing all inferences in favor of plaintiff Jayne Kramer, Eli Lilly was not entitled to summary judgment because genuine issues of material fact remain.

Kramer contends that her infertility is caused by her exposure in utero to diethylstilbestrol (DES), which her …