Cardozo Law Review
Abstract
The drug DES has been associated with multigenerational injuries. Although courts in a number of states have allowed many second-generation DES victims to recover from the drug's manufacturers, this remedy, to date, has not been extended to thirdgeneration DES casualties. A number of reasons have been cited for this refusal, but the fear of requiring a drug manufacturer to be perpetually liable to descendants of those who ingested DES as well as the tricky issue of proximate causation predominate. This Note argues that at least some third-generation DES victims could (and should) be allowed to recover, without changing any laws or violating any traditional notions of proximate cause, and without forcing DES manufacturers to be liable to DES descendants in perpetuity.
Keywords
Food and Drug Law, Torts, Cause of Action, Legal Practice and Procedure, Strict Liability
Disciplines
Food and Drug Law | Law | Torts
Recommended Citation
Tracey I. Batt,
Des Third-Generation Liability: A Proximate Cause,
18
Cardozo L. Rev.
1217
(1996).
Available at:
https://larc.cardozo.yu.edu/clr/vol18/iss3/14