Werling v. Sandy

The Werlings' (plaintiffs) child was delivered stillborn, and they sued the delivering physician, Sandy (defendant), for wrongful death, alleging his negligence caused the fetus's death in utero; the trial court dismissed for failure to state a claim, holding no cause of action existed for the wrongful death of a fetus, and the court of appeals affirmed.

Whether, under Ohio's wrongful-death statute, statutory beneficiaries may sue a physician whose negligence causes the death of a fetus in utero, provided the fetus was viable when injured.