Karen Enright, an Infant, by Patricia Enright, Her Parent and Natural Guardian v. Eli Lilly & Company

Summary

The New York Court of Appeals affirmed the dismissal of the strict products‑liability claim brought by third‑generation plaintiff Karen Enright, holding that liability for DES manufacturers does not extend to grandchildren and that Albala’s rule barring pre‑conception tort actions applies. The Court rejected the Appellate Division’s reversal and, despite a dissent arguing otherwise, declined to create a new cause of action for third‑generation DES victims.