New York Court of Appeals March 31, 1992 (In Re DES Market Share Litigation)

Also known as

United States · · · 31-03-1992

OPINION OF THE COURT

Chief Judge Wachtler.

In

Hymowitz v Lilly & Co.

(73 NY2d 487, 507), this Court, recognizing that "extant common-law doctrines, unmodified, provide no relief for the DES plaintiff unable to identify the manufacturer of the drug that injured her,” adopted a market share theory to create a "realistic avenue of relief for plaintiffs injured by DES.

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