Have We Heard the Last of DES?

Introduction The Endocrine System Discovering Estrogen’s Power Environmental Estrogens The DES Experience 3d Generation Lawsuits 3d Generation Studies Conclusion

The Endocrine System Glands, Hormones, Receptor Cells Regulates Development/Function Hypothalamus, Ovaries, Pancreas, etc. Estrogen and testosterone are hormones

Discovering Estrogen’s Power Vom Saal observed erratic mouse behavior Hypothesized estrogen/testosterone link Developed “wombmate” experiments

Discovering Estrogen’s Power Male Female

Discovering Estrogen’s Power Effects on Females (testosterone): –More aggressive –Less “attractive” (pheromones) –Had fewer female offspring Effects on Males (estrogen): –More aggressive –They eat more young –Less “mothering”

Environmental Estrogens Phytoestrogens –Occur naturally in the environment –May affect human endocrine system –Resveratrol study and red wine Synthetic Estrogens –Product of human activity –May effect human endocrine system –DES is the best known example

The DES Experience Anti-miscarriage treatment: study: It don’t work! Doses high as 2,000 birth control pills/day 70s studies: reproductive problems/cancer Banned in 1971 Litigation: –Statutes of limitation (discovery rule/revival statutes) –Indeterminate defendants (market share theory)

Analysis of 3d Generation Cases Against 3d Generation: –Fraudulent Claims –Unlimited Liability –Unmanageable Cases For 3d Generation: –Deterrence –Compensation –Equity - Who pays?

3d Generation Study Low level exposures in utero, after birth –Mothers (Exposed) –Daughters (“Typical” effects) –Granddaughters (No direct exposure) GDs: No effect on fertility GDs: Found evidence of cancer/tumors Same result with all groups (1,2,3)

3d Generation Study

Low level exposures in utero, after birth –Mothers (Exposed) –Daughters (“Typical” effects) –Granddaughters (No direct exposure) GDs: No effect on fertility GDs: Found evidence of cancer/tumors Same result with all groups (1,2,3)

Analysis of 3d Generation Cases Against 3d Generation: –Fraudulent Claims –Unlimited Liability –Unmanageable Cases After Studies: –Scientific Evidence –DNA v. Activation For 3d Generation: –Deterrence –Compensation –Equity - Who pays?

Conclusion Studies are finding link between DES use and 3d generation harms Courts are reluctant to recognize claims New studies may effect court cases