In 1,600 cases scattered across America, people who got swine flu shots in 1976 have sued the United States Government charging that the shots caused Guillain—Barré and other injuries. Total damages claimed exceeded 2.2 billion. More than a decade later, nearly thirty of these suits were still pending in the courts. Of those that had come to trial, the government, represented by the Justice Department, won in more than eight out of ten cases.

DES victims have also turned to the courts for relief, although only a handful have received awards of any magnitude. Many DES daughters have been unable to sue because they cannot identify the particular brand of DES their mothers took. Others have been barred because their injuries came to light after their state's statute of limitations had expired. Those not blocked by legal restrictions face the time, expense, and trauma of bitter court battles, and the likelihood of lengthy appeals by manufacturers. Eli Lilly, the largest manufacturer of DES, has already spent several million dollars fighting DES lawsuits, with no end yet in sight. Although somewhere between 500,000 and six million people were exposed to DES, only about 1,000 DES suits had been filed in the United States as of 1987.

Amid periodic insurance “crises” and publicity aimed at limiting manufacturers' liability, the plight of injured victims often gets lost.