The Thompsons, residents of Canada, and the MacTavishes, residents of Scotland, filed virtually identical complaints against Merrell Dow Pharmaceuticals in the Court of Common Pleas in Hamilton County, Ohio, claiming negligence, fraud, breach of warranty, and misbranding in violation of the Federal Food, Drug, and Cosmetic Act (FDCA).
The mother in each family had taken the drug Bendectin during pregnancy which they claimed caused harm to their children including birth defects.