Cosgrove v. Merrell Dow Pharmaceuticals, Inc.

BAKES, Chief Justice.

Plaintiffs Linda Winfree and her daughter, Sally Cosgrove, sued defendant Merrell Dow Pharmaceuticals, Inc. (Merrell Dow), for birth defects suffered by Cosgrove, allegedly as a result of Winfree’s ingestion of the “anti-morning sickness” drug, Bendectin, during her pregnancy. This is one of a series of Bendectin cases filed nationwide. Summary judgment was granted for defendant on Winfree’s individual claims because the I.C. § 5-219(4) 2-year statute of limitations had run. The claims of infant Cosgrove, however, were not barred by the statute of limitations, and those…