Court Says Statute of Limitations Not Expired for N.Y. Woman's DES Claim

WASHINGTON, D.C. - In denying Eli Lilly's motion for summary judgment on Dec. 29, a D.C. federal judge said the plaintiff's 3-year statute of limitations has not expired because she said she did not learn until 2002 that DES exposure in utero could have caused her infertility. Gassmann v. Eli Lilly & Co., et al. No. 03-0392 (D. D.C.).

Cynthia L. Gassmann, who was born in New York, claims she suffers from cervical and uterine malfunctions resulting in infertility as a result of her embryonic exposure to diethylstilbestrol (DES). She says she learned in her early teens that she had …