Court rules firms must be pinpointed in pregnancy drug suit
Iowa Supreme Court rules Cedar Rapids woman cannot hold all DES manufacturers liable without identifying a specific firm. Linda Mulcahy claimed DES used by her mother caused premature birth and disabilities in her two sons. The suit seeks 15 million dollars, but involves ambiguity about which of many firms sold the drug in Ames and Cedar Rapids.
MENTIONED IN THIS ARTICLE
Judy Daubenmier
Des Moines
Iowa Supreme Court
Cedar Rapids
Linda Mulcahy
Mulcahy
Cleo Borman
Ames
Matthew
Marc
Iowa Supreme Court Rejects All Manufacturer Liability in DES Case
The Iowa Supreme Court ruled 8 0 that injured individuals cannot sue all DES producers when it cannot be shown which firm caused harm. The court rejected court created liability theories and cautioned the legislature should address the issue. Mulcahy argued three firms sold DES in Ames but the court found other manufacturers may have supplied DES to that market. The suit claimed DES caused miscarriages and birth defects affecting the plaintiff’s two sons.
MENTIONED IN THIS ARTICLE
Ames
Eli Lilly & Co
Abbott Laboratories
Upjohn Company
DES
Mulcahy
Borman
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