Wells By Maihafer v. Ortho Pharmaceutical Corp.

615 F.Supp 262 (1985)

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Nature of the Case

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Facts

Wells (P) was born with several birth defects, including a cleft palate, a missing left arm, and a shortened right arm. She and her mother, Maihafer (P), brought a tort action, claiming that her defects were caused by the use of Ortho Gynol Contraceptive Jelly at conception and during pregnancy. This product was made by Ortho Pharmaceutical Corporation (D). Experts testified for both P and D at trial. The court decided that P's witness was better because he had personally examined Wells (P), as opposed to D's witness, who had not. P's witness was also more persuasive at trial, appearing to be more professional, knowledgeable, and unbiased.