Turpin v. Merrell Dow Pharmaceuticals, In

959 F.2d 1349 (6th Cir. 1992)

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Nature of the Case

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Facts

D manufactured and marketed Bendectin as an anti-nauseant prescription for morning sickness from 1956 until 1983 when it took the drug off the market despite continued approval from the Food and Drug Administration. Over 30 million women worldwide took the drug during the first trimester of pregnancy. Seven weeks after becoming pregnant, Betty Turpin (P) ingested Bendectin. The development of the fetus's fingers and toes occurs some four to eight weeks after conception. Brandy Turpin (P) was born with 'limb reduction defects': severely deformed hands and feet, specifically fused joints and shortened or missing fingers and toes. Betty took no other drugs during the course of her pregnancy, nor can her child's deformities be traced to any known genetic disorders. Ps sued D claiming that Bendectin was responsible for the birth defects. The trial judge ruled that the reasoning process by which P's qualified experts reached their opinions was not proper and for that reason granted D a summary judgment. P appealed.