Torts Keyed to Dobbs
Turpin v. Merrell Dow Pharmaceuticals, Inc
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About seven weeks into her pregnancy, Betty Turpin began using Bendectin, a drug manufactured by Defendant, to combat morning sickness. Seven months later, her daughter was born with “limb reduction defects”, severely deformed hands and feet, fused joints, and missing fingers and toes. Turpin had taken no other drugs during her pregnancy and there was no evidence of a genetic cause for the child’s condition. Plaintiffs, parents and daughter, brought an action alleging defendant’s drug caused plaintiff daughter’s birth defects. The trial court determined that expert testimony offered by Plaintiffs was insufficient, and granted summary judgment for Defendant. Plaintiffs sought review.
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