A Utah woman has filed a lawsuit against three pharmaceutical companies, alleging that their negligence and misrepresentation led to her developing cancer. The complaint names Eli Lilly and Company, E.R. Squibb & Sons, Inc., and Pharmacia & Upjohn Company LLC as defendants.
The lawsuit concerns the drug diethylstilbestrol (DES), which was prescribed to the plaintiff’s mother during pregnancy. According to the complaint, exposure to DES in utero caused the plaintiff to develop clear cell adenocarcinoma in January 2024. The filing alleges that the defendants manufactured and marketed DES without adequate testing or warnings about its potential risks, stating that the companies “knew or should have known” of its harmful effects and failed to conduct sufficient safety studies.
The complaint further alleges that the defendants continued promoting DES as a treatment for preventing miscarriages despite awareness of potential health hazards. The plaintiff accuses the companies of fraudulent misrepresentation for allegedly providing false assurances to the medical community and the public regarding the drug’s safety. The lawsuit seeks $10 million in compensatory damages and $10 million in punitive damages from each defendant.
The complaint also invokes theories of alternative liability and market share liability, asserting that even if it cannot be determined which company produced the DES taken by the plaintiff’s mother, all defendants share responsibility due to their collective role in manufacturing and marketing the drug.
The plaintiff is represented by attorneys Michael A. London and Virginia E. Anello of Douglas & London. The case was filed in the United States District Court for the Eastern District of New York.