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Grover v. Eli Lilly & Co.

Supreme Court of Ohio
591 N.E.2d 696 (1992)


Facts

As a fetus, Candy Grover was exposed to DES, a drug manufactured by Eli Lilly & Company (Eli) (defendant). The drug was prescribed to Candy’s mother when she was pregnant with Candy, as a way to prevent miscarriage. The use of the drug was later banned after DES was determined to cause a rare form of cancer in female fetuses. Candy had a son, Charles Grover (plaintiff), who was born prematurely and diagnosed with cerebral palsy. Charles brought a products-liability suit against Eli, claiming that his health issues were caused by problems with Candy’s reproductive system that were caused by Candy’s mother’s ingestion of the drug. The United States District Court of the Northern District of Ohio certified to the Supreme Court of Ohio the question of whether a preconception tort was a cognizable claim.

Rule of Law

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Issue

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Holding and Reasoning (Wright, J.)

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  • A "yes" or "no" answer to the question framed in the issue section;
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Dissent (Resnick, J.)

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