Historic DES breast cancer trial

28 Dec

Info about the historic DES breast cancer trial this January. Spread the word online and to your local news outlets. The more media coverage, the better!

URL: http://www.aaronlevinelaw.com/blog/2012/12/des-breast-cancer-trial-to-commence-january-2013-1.shtml

TEXT: On December 21, 2012, Federal Judge Marianne B. Bowler of the United States District Court of Massachusetts denied two of Defendant Eli Lilly’s Summary Judgment motions on negligent failure to warn and product identification in the case Fecho v. Eli Lilly. This is a significant victory for DES daughters with breast cancer. The attorneys at Aaron M. Levine & Associates will advocate on behalf of DES daughters in the first historical diethylstilbestrol (DES) breast cancer trial at the John Joseph Moakley U.S. Courthouse in Boston during the month of January 2013.

The Fecho sisters, a family of four DES daughters from Pennsylvania, will be the first DES breast cancer case to be tried in court. The four Fecho sisters were all exposed to DES in utero and all suffered infertility as well as a myriad of signature DES reproductive tract abnormalities. All four sisters contracted breast cancer on or before the age of 50. The eldest, fifth Fecho sister, who is not a party to the lawsuit, was not exposed to DES. She was able to have a child, and remains cancer-free.

On December 21, 2012, Federal Judge Marianne B. Bowler of the United States District Court of Massachusetts denied two of Defendant Eli Lilly’s Summary Judgment motions on negligent failure to warn and product identification in the case Fecho v. Eli Lilly. This is a significant victory for DES daughters with breast cancer. The attorneys at Aaron M. Levine & Associates will advocate on behalf of DES daughters in the first historical diethylstilbestrol (DES) breast cancer trial at the John Joseph Moakley U.S. Courthouse in Boston during the month of January 2013.

The Fecho sisters, a family of four DES daughters from Pennsylvania, will be the first DES breast cancer case to be tried in court. The four Fecho sisters were all exposed to DES in utero and all suffered infertility as well as a myriad of signature DES reproductive tract abnormalities. All four sisters contracted breast cancer on or before the age of 50. The eldest, fifth Fecho sister, who is not a party to the lawsuit, was not exposed to DES. She was able to have a child, and remains cancer-free.

The Defendant in this case, the pharmaceutical company Eli Lilly, manufactured DES between the late 1940’s to early 1970’s. DES was touted as a miscarriage-prevention drug. However, it was proven to be a carcinogen and teratogen to the fetus. DES also had no effect in preventing miscarriages. DES manufacturers like Eli Lilly never tested or warned of the dangers of the drug and its known carcinogenic effects. The FDA banned the use of DES in pregnancy in 1971.

The Defendants attempted to block the Plaintiffs from their day in court and claimed that they are unable to prove that DES would not have been prescribed if Eli Lilly had adequately warned of the dangerous effects of DES to unborn children. Additionally, Defendant Eli Lilly, the largest DES maker in the country for two decades, argued that the Plaintiffs cannot prove which brand of DES the Plaintiffs were exposed to despite testimony from eye-witnesses to the contrary. Judge Bowler found that the Plaintiffs’ case presents genuine disputed issues of material facts, which warrants a jury trial to determine the liability of Eli Lilly. Plaintiffs will present evidence at trial that Eli Lilly made the DES that the Plaintiffs’ mother ingested, and that had Eli Lilly provided an adequate warning, the Fecho sisters would not have been exposed in utero to DES, which led to the development of their breast cancer.

DES daughters, such as the Fecho sisters, are at an elevated risk for clear-cell adenocarcinoma of the vagina and cervix, infertility, subfertility, and breast cancer. DES daughters should be vigilant about breast cancer screening and check with their doctors regarding the avoidance of female hormone therapies to reduce cancer risk.

The attorneys at Aaron M. Levine & Associates are at the frontlines of the DES breast cancer fight against Big Pharma. Please contact us if you have questions about DES lawsuits.

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