Distilbene (DES)
Lawyer for Victims in Paris
You were exposed to diethylstilbestrol in utero, or your parents took Distilbene? Maître Didier Jaubert helps you assert your rights — including if you belong to the second or third generation.
Free consultation — response within 48 hoursWhat is Distilbene?
Distilbene is the brand name of diethylstilbestrol (DES), a synthetic oestrogen-based drug prescribed to pregnant women to prevent miscarriages, from the 1950s until it was banned in France in 1977. In the United States it had already been withdrawn from the market for pregnant women in 1971.
It is estimated that between 1950 and 1977, approximately 160,000 pregnant women in France were treated with DES, potentially exposing 80,000 daughters and as many sons in utero. The effects of the drug, long overlooked, manifested across multiple generations.
Distilbene was marketed in France principally by UCB Pharma and Novartis. Both laboratories have been held jointly and severally liable by French courts to compensate victims.
Who can act? Victims of the three generations
The defining feature of Distilbene is the transgenerational reach of its effects, recognised by the Court of Cassation and lower courts.
The women to whom DES was prescribed during their pregnancy. Some present their own health conditions, including an increased risk of breast cancer.
Children exposed in utero are the most numerous victims. In daughters: uterine malformations, rare cancers of the cervix or vagina, infertility, recurrent miscarriages. In sons: testicular anomalies, cryptorchidism.
Effects have been recognised in the third generation: hypospadias, oesophageal atresia, cerebral palsy linked to premature birth. In 2011, the Versailles Court of Appeal awarded €1.7 million to a DES grandson.
Major case law developments
- 2002 — The Nanterre TGI (court of first instance) recognised the liability of UCB Pharma for the first time.
- 2006 — The Court of Cassation confirmed UCB Pharma's liability: victims no longer need to prove it individually in each case.
- 2009 — The Court of Cassation reversed the burden of proof: the victim no longer needs to prove which DES drug was taken, but must demonstrate in utero exposure.
- 2011 — The Versailles Court of Appeal recognised third-generation effects and awarded compensation of €1.7 million.
- 2017 — The Court of Cassation (Civ. 2, 8 June 2017, no. 16-19185) confirmed the principle of joint and several liability of the laboratories.
⚠️ Limitation periods: the limitation period runs from the consolidation of the harm or from the date you became aware of your exposure — not from the date the drug was prescribed. Proceedings remain open. Do not delay in seeking legal advice.
What harm can be compensated?
In DES daughters (2nd generation)
- Uterine malformations (T-shaped uterus, hypoplasia, septum)
- Recurrent miscarriages and premature deliveries
- Clear-cell cancer of the vagina or cervix (adenocarcinoma)
- Infertility
- Moral and quality-of-life harm (préjudice moral et d'agrément)
In DES sons (2nd generation)
- Testicular anomalies (cryptorchidism, hypotrophy)
- Epididymal cysts
- Reduced fertility (hypofertility)
In DES grandchildren (3rd generation)
- Hypospadias (urethral malformation)
- Oesophageal atresia
- Sequelae linked to extreme prematurity
- Cerebral palsy
Frequently asked questions
How do I prove my exposure to Distilbene?
Since the 2009 Court of Cassation ruling, you no longer need to prove which DES drug your mother took — it is sufficient to demonstrate your in utero exposure. Evidence that can help includes: prescriptions, your mother's pregnancy health records, medical witness statements, and hospital files. The association Réseau DES France can also assist you in gathering this evidence.
Can I still take action if the facts date back to the 1960s or 1970s?
Yes. The limitation period does not run from the date your mother took the drug, but from the consolidation of your harm or from the date you became aware of it. Proceedings remain possible. It is essential to consult a lawyer without delay to verify your precise situation.
Who is the claim brought against?
The claim is brought against the manufacturing laboratories — principally UCB Pharma and Novartis — which marketed DES in France. They have been held jointly and severally liable: each is responsible for 50% of the amounts awarded. ONIAM is not involved in this type of case, which is based on the civil liability of the manufacturers.
Can my children (3rd generation) also bring a claim?
Yes. Case law recognises the transgenerational effects of Distilbene. If your children present conditions that may be linked to your in utero exposure, a claim is possible. Each situation is specific and requires a thorough legal and medical analysis.
How long does the procedure take?
The duration varies depending on the complexity of the case and the court seised. A full merits procedure (tribunal judiciaire) takes on average 2 to 4 years, including the medical expert assessment. Maître Jaubert works to optimise timescales and to build a strong case from the outset.
Your situation deserves to be examined
Maître Jaubert reviews your case and tells you whether an action is possible. Confidential consultation, no obligation.
Get a callback within 48 hours ☎ 01 86 48 07 00