The latest briefs, which are publicly filed, show that the defendants want to now officially ditch the case management order regarding the good faith mediation agreement while plaintiffs are seeking to enforce the original agreement with Eli Lilly and other drug companies to continue to mediate. Defendants have proposed a new case management order that contemplates 50 some trials that will take years to resolve. Nevertheless, Judge Bowler has continued to order mediation between the parties, which will take place on March 11, 2013. Plaintiffs have moved to consolidate 4 separate DES daughter plaintiffs from New York for an expedited trial date in Summer of 2013. The decision to consolidate will likely be discussed during the March 11th meeting.
Even though the plaintiffs won the Daubert hearing in January of 2012 and the first DES breast cancer case with the four Fecho sisters settled at trial, Defendant Eli Lilly continues to claim that these cases are “without merit” in their 10-K shareholder documents. http://investor.lilly.com/secfiling.cfm?filingID=59478-13-7&CIK=59478
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