Humes v. Clinton

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that “viability is an improper condition precedent to recovery when the injured fetus is born alive ... [but] viability is not an illogical condition precedent when a negligently injured fetus is stillborn” because it “has never become an independent living person”
• noting “that viability—the ability to live independently of the mother—is an irrelevant demarcation when a child survives prenatal injuries and is born [alive] with damages suffered within the womb”
• affirming summary judgment for manufacturer based on the “learned intermediary” doctrine
• no genuine issue of fact on adequacy of warning where plaintiffs' own experts testified warning was adequate
• \A majority of states allow an action for wrongful death of a viable fetus even when it is stillborn as a result of the prenatal injuries.\
• because intrauterine devices (IUD’s) are available only through licensed medical care providers, the doctrine applies to IUD manufacturers

Source: CourtListener parenthetical corpus (CC0).