Grover v. Eli Lilly & Co.

591 N.E.2d 696 (1992)

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Nature of the Case

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Facts

DES was prescribed to pregnant women during the 1940s, 1950s, and 1960s to prevent miscarriage. The FDA banned its after medical studies discovered that female children exposed to the drug in utero had a high incidence of a rare type of vaginal cancer. Candy Grover was exposed to DES as a fetus. Her son, Charles Grover (P), claims that his mother's DES-induced injuries were the cause of his premature birth and resulting injuries. P was born prematurely and diagnosed with cerebral palsy. Courts and commentators refer to the child's potential cause of action in such cases as a 'preconception tort.' That child is pursuing liability against a party for a second injury that flows from an initial injury to the mother that occurred before the child was conceived. P brought a products-liability suit against D, wherein his health issues were caused by problems with Candy’s reproductive system that were caused by Candy’s mother’s use of the drug. Ps' were the child and grandchild of a party who was given a drug, DES, that was alleged to cause birth defects. The federal court certified a question of law.