Washington DC Defective Drug Litigation Blog

Elena Zimmerman, a client of Aaron Levine & Associates and one of the 53 DES Daughters with breast cancer represented in Fecho v. Eli Lilly, was recently interviewed by NBC Kansas City Action News. Elena, along with her mother, described the decades of pain and suffering they experienced due to DES exposure. They also feel relieved and heartened by the recent victory in the Fecho case. The plaintiffs' experts asserted that a causal link exists between in-utero exposure to DES and substantially increased risk for breast cancer. Judge Marianne Bowler of the District Court of Massachusetts held that the experts' testimonies on the science are relevant and reliable. Judge Bowler has ordered DES drug manufacturers Eli Lilly and Bristol-Myers Squibb, along with 12 other defendant drug companies, to enter into mediation with the DES daughters represented by our firm.

Suffering a miscarriage can be a traumatic and life-changing event. When millions of women attempted to avoid this heartbreaking occurrence by ingesting diethylstilbestrol (DES), they unwittingly exposed their unborn daughters to catastrophic medical consequences. These affected women are often referred to as "DES Daughters."

The dangerous drug DES was prescribed to pregnant women from 1947-1971. The drug was taken off the market when it was discovered that the daughters of women who took DES during their pregnancy had a high risk of a rare, reproductive tract cancer as a result of in-utero exposure.

The attorneys of Aaron Levine & Associates represent 53 DES Daughters with breast cancer in the federal court case Fecho v. Eli Lilly. This lawsuit seeks just compensation for the breast cancer injuries suffered by DES daughters around the country. Currently, our attorneys are representing other DES daughters and filing new DES breast cancer lawsuits nationwide.

According to the New England Journal of Medicine, prenatal DES exposure is causally associated with breast cancer in DES Daughters over 40 years of age. A recent report from the Institute of Medicine of the National Academy of Sciences equated the breast cancer risk conferred by prenatal DES exposure to ionizing radiation and stated: "One of the best known examples in humans of an in utero exposure altering risk for cancer later in life is that of DES,...including an elevated risk of breast cancer."

A National Cancer Institute study has determined that DES daughters over the age of 40 are more than twice as likely to develop breast cancer as women who were not exposed to the drug in utero. The escalating DES breast cancer risk triples at the age of 50.

DES drug manufacturers failed to test or warn of the dangers of the drug and withheld vital information during its approval for pregnancy use from the FDA.

Women who believe they may have been exposed to DES in utero must be vigilant about regular breast cancer screenings and the avoidance of female hormone therapies. These regular examinations are imperative. Early breast cancer detection can save the lives of DES daughters.

If you are a DES daughter over 40 and you have developed breast cancer, please contact our office. Our attorneys have been diligently advocating for DES Daughters for over 30 years and you may be eligible to join this case for free.

Judge Marianne B. Bowler will hear final oral arguments in the diethylstilbestrol breast cancer case, Fecho v. Eli Lilly, et al, on Thursday January 19, 2012. After the final oral arguments, the Court may further instruct the parties on whether she believes that the Plaintiffs' experts are qualified to reliably testify before a jury on the causal association between prenatal DES exposure and the substantial increase of the risk of breast cancer in women over the age of forty.

Last week, national news agencies such as the Associated Press, ABC News, and USA Today covered this DES breast cancer case being held in Boston, Massachusetts. Two DES Daughters, Arline MacCormack and Jackie White, discussed their prenatal DES exposure and their struggle with breast cancer. They are only two of the fifty-three DES Daughters represented by the lawyers of Aaron Levine & Associates in this DES Breast Cancer case.

Closing arguments will be held tomorrow, Janurary 19th, in the John Joseph Moakley United States Courthouse in Boston at 10am, in Court Room 25, 7^th Floor. All clients and interested parties are welcome to attend.

Please contact us if you have any questions about the ongoing DES breast cancer litigation or if you are interesting in joining for free. 

The Boston final Daubert hearing is set for January 19th in Courtroom 25 on the 7th Floor in the John Joseph Moakley Courthouse in Boston, MA. Clients and all interested parties are welcome to attend. Also, Associated Press released an article yesterday containing breaking news on our case - Boston lawsuit claims DES-breast cancer link. If you are interested in joining or have questions about our case please contact us.

Judge Marianne B. Bowler ruled in an emergency conference late this afternoon that the Daubert expert testimonies in the case of Fecho v. Eli Lilly, et al., brought by fifty-three DES daughters with breast cancer, have officially concluded.

Judge Bowler also denied the Defendants' request for further post-hearing briefing.  Both sides have already submitted extensive Daubert briefing and the discovery has been voluminous in this case. In addition, Judge Bowler has devoted over two weeks of the Court's time to hearing each of the twelve experts on both sides. The Court granted final oral arguments of one hour for each side in January of 2012. After the final oral arguments, the Court may further instruct the parties on whether she believes that the Plaintiffs' experts are qualified to reliably testify before a jury on the causal association between prenatal DES exposure and the substantial increase of the risk of breast cancer in women over the age of forty.

Our fight against the DES drug makers in court has been fierce since September; this development is both exciting and encouraging. We will keep you posted on the latest. Please contact us if you have questions about the ongoing DES breast cancer litigation and your eligibility to join for free.