Visual ID, Pharmacy Records Won't Save DES Claim, D.C. Cir. Holds

WASHINGTON, D.C. - A photo identification and an affidavit from a pharmacist linking a 40-year-old DES prescription to a Kansas woman's mother was not enough evidence to get her personal injury claim against manufacturer Eli Lilly before a jury, a federal appeals panel has held. Galvin v. Eli Lilly & Co., No. 05-7134 (D.C. Cir.).

In a June 8 decision affirming summary judgment to Eli Lilly, the District of Columbia U.S. Court of Appeals said that even if the evidence offered in support of plaintiff Paula Galvin's second generation DES claim were admissible, it does not make it more probable …