Grover v. Eli Lilly & Co.
Supreme Court of Ohio
591 N.E.2d 696 (1992)
Relevant factsFree
Candy Grover was exposed in utero to DES, a drug manufactured by Eli Lilly (defendant) and prescribed to her mother to prevent miscarriage, later found to cause cancer in female fetuses exposed to it. Candy's son, Charles Grover (plaintiff), was born prematurely with cerebral palsy and sued Eli Lilly, claiming his injuries stemmed from reproductive-system damage DES caused his mother Candy. A federal district court certified to the Ohio Supreme Court the question whether such a "preconception" tort - harm to a grandchild - states a cognizable claim.
IssueFree
Whether a pharmaceutical company's liability for a defective drug extends to a person who was never exposed to the drug either directly or in utero.