Joseph L. Messa Drug and Medical Device Litigation Law Blog on Lawyers.com

Personal Injury Attorneys Win the Right To Settle DES-Breast Cancer Cases in Mediation

Friday, January 27, 2012 by Joseph L. Messa

Personal injury
attorneys are thrilled that a class-action suit in Boston will go to
mediation after a federal judge ruled that the claims of 53 breast
cancer patients should not be dismissed. The suit alleges that the women
were exposed to diethylstilbestrol (DES) while in their mothers’ womb, which led to their diagnoses of developing breast cancer.

DES is a synthetic estrogen that was prescribed to pregnant women to prevent miscarriages up until 1971 when the Food and Drug Administration
(FDA) issued a bulletin advising physicians not to give DES to pregnant
women. DES has continued to be researched and has since been linked to a
number of health risks associated with exposure to the drug. Women
exposed to DES before birth (in the womb), known as DES Daughters,
are at an increased risk for clear cell adenocarcinoma (CCA) of the
vagina and cervix, reproductive tract structural differences, pregnancy
complications, and infertility.

Like DES Daughters, DES Sons are men who were exposed to DES before birth (in the womb). They are at an increased risk for non-cancerous epididymal cysts.

Personal Injury Attorneys Contend that Drug Companies Knew About the Dangers Associated with DES

The lawsuit names 14 drug companies, including Bristol-Myers Squibb Co. and Eli Lilly & Co.,
who manufactured and marketed DES to pregnant women from 1938 until
1971. Personal injury attorneys for the plaintiffs argue that the
companies withheld reports that showed DES did not prevent miscarriages
from doctors and the FDA. They also say the reports raised serious
questions about the drug’s safety.

Although no firm link between DES and breast cancer have been
established, US District Judge Marianne Bowler wrote in her decision
that there’s been an “observed association” between breast cancer and in
utero exposure to DES in a number of “relevant published studies” that
suggest a causal link.

The Philadelphia personal injury attorneys at Messa & Associates are experienced at handling cases involving pharmaceutical and drug product injuries.
Our extremely skilled team of personal injury attorneys and medical
experts is dedicated to ensuring you receive proper compensation for
your personal injuries. If you have been injured by a defective drug, a
negligent medical provider, or have endured any other type of personal
injury, contact the personal injury attorneys of Messa & Associates
for a free consultation. Call toll free at 1-877-MessaLaw, submit a free online inquiry.

Posted at 14:49 PM

Topic: Drug and Medical Device Litigation