NATION AND WORLD
Tennessee woman wins $5.1 million
Page 12
Judge says spermicide caused defects
ATLANTA — A federal judge ruled that a widely used spermicide caused birth defects in a 3-year-old girl and ordered the manufacturer to pay $5.1 million damages to the child and her mother.
By United Press International
U. S. District Judge Marvin Shoob ruled Tuesday that Ortho Pharmaceutical Corp. of Raritan, N.J., which makes Ortho-Gynol Contraceptive Jelly, should have warned its users that birth defects can result from
conceptions the gel fails to prevent
Expert expert for the plaintiffs,
Mary Mahalafer and her daughter
Mary Wells, testified the gel can
damage sperm while failing to kill it.
Shoob also said the company should warn users to stop using the gel if they believed they may be pregnant.
"This is absolutely one of the largest product liabilities verdicts seen, especially with drugs," said Jim Simmons' attorney, Jim Simmons Jr.
HE SAID THE decision would have
a tremendous impact on pharmaceutical companies' duty to warn users of the product's potential dangers.
Ortho-Gynol is the most popular brand of non-prescription contraceptive gels used with diaphragms, with $18 million worth of the product sold each year, testimony indicated.
University Daily Kansan, January 24, 1985
The case, heart without a jury,
was the first of at least three that
have been filed against Ortho-Gynol.
While it applied only to Ortho-Gynol,
experts testified the same spermicidal chemicals are used in other
Maihafer, now a college professor in Nashville, Tenn., was using Ortho-Gynol when she became pregnant. Her daughter was born without a left arm and with some of her right fingers joined and others missing.
Shoob ordered the company to pay $4.6 million to the child for her pain and suffering, for future medical costs and for lifetime earnings lost due to her birth defects. He awarded $539,500 to Maihafer for her pain and suffering, current medical bills and lost earnings.
No bodies found at wreck
By United Press International
TEGUCIGALPA, Honduras — Rescue workers search the Honduran coastline yesterday uncovered the remains of a U.S. military transport plane that crashed into the Caribbean Sea but found no trace of the 21 Americans aboard, the U.S. Embassade said.
The Navy frigate USS McCloy, which earlier made a sonar contact, found the C-130A Hercules between 300 and 500 yards from Puerto Castilla in the Caribbean
sea off Honduras' northern coast, embassy spokesman Robert Callahan said.
The four-engine propeller-driven cargo plane flying from Panama disappeared Tuesday morning as it headed toward a landing at Puerto Trujillo, some 150 miles northeast of Tequegalipa.
THE PENTAGON SAID the plane carried 16 passengers and 5 crew members and identified all the men but one whose relatives had not yet been notified.
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