GROVER v. ELI LILLY & CO.

No. 90-1030.

63 Ohio St.3d 756 (1992)

GROVER ET AL. v. ELI LILLY AND COMPANY ET AL.

Supreme Court of Ohio.

Decided June 10, 1992.


Attorney(s) appearing for the Case

Spangenberg, Shibley, Traci & Lancione, Donald P. Traci and William Hawal, for petitioners.

Jones, Day, Reavis & Pogue and Marc L. Swartzbaugh; Shook, Hardy & Bacon, Andrew See and Lisa White Hardwick, for respondent Eli Lilly & Co.

Mansour, Gavin, Gerlack & Manos Co., L.P.A., and Michael T. Gavin, in support of petitioners for amici curiae, United Cerebral Palsy Associations, Inc. and DES Action USA.


WRIGHT, J.

The United States District Court for the Northern District of Ohio has certified the following question to us:

"Does Ohio recognize a cause of action on behalf of a child born prematurely, and with severe birth defects, if it can be established that such injuries were proximately caused by defects in the child's mother's reproductive system, those defects in turn being proximately caused by the child's grandmother ingesting a defective drug (DES...

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