Mink v. University Of Chicago

460 F. Supp. 713 (1978)

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Nature of the Case

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Facts

Ds conducted an experiment on some 1,000 women by giving them DES. Ps were not informed. DES was administered as part of a double-blind study to determine the value of DES in preventing miscarriages. Ps claim that as a result of their taking DES, their daughters have developed abnormal cervical cellular formations and are exposed to an increased risk of vaginal or cervical cancer. Ps also allege that they and their sons have suffered reproductive tract and other abnormalities and have incurred an increased risk of cancer. Ps also allege that the relationship between DES and cancer was known to the medical community as early as 1971. Ps learned of the experiment in late 1975 or 1976 when D sent letters to the women informing them of the possible relationship between the use of DES in pregnant women and abnormal conditions in the genital tracts of their offspring. The letter asked for information to enable D to contact the sons and daughters of Ps for medical examination. Ps seek recovery for a series of batteries, products liability, and the breach of the duty to notify Ps that they had been given DES. Ps claim that Ds intentionally concealed the truth. Ds moved to dismiss the complaint for failure to state a claim.