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Products Liability Keyed Owen, 8th Ed.
Grover v. Eli Lilly & Co.
Citation:
591 N.E.2d 696 (1992)Facts
In 1952-1953, June Rose was prescribed and ingested DES during her pregnancy. Her daughter, Candace Grover, was born on March 30, 1953, allegedly with an incompetent cervix resulting from in utero exposure to DES. Years later, Candace gave birth prematurely to Charles Grover, who was born with cerebral palsy. The plaintiffs claimed that Charles’s disabilities were directly attributable to his premature birth, which was caused by his mother’s DES-induced incompetent cervix. DES was widely prescribed to pregnant women from the 1940s through the 1960s to prevent miscarriages, but was banned by the FDA in 1971 after studies linked it to rare vaginal cancers in daughters of women who took the drug during pregnancy. The plaintiffs alleged that pharmaceutical companies, including Eli Lilly, should have known of the dangers of DES based on scientific literature dating back to the 1930s that raised concerns about its safety.
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