• 16
  • December
    2011

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.