JURY FINDS FOR DOW <DOW> IN BIRTH DEFECT CASE
Dow Chemical Co's <DOW> Merrell Dow
Pharmaceuticals Inc unit said a jury found that Bendectin did
not cause the birth defects of a seven-year old boy whose
mother took the drug during pregnancy.
    The anti-nausea drug has been used to treat morning 
sickness and was discontinued in 1983 amid allegations that the
drug caused birth defects.
    Merrell said that to date there have been 12 other trials
involving the drug, 10 in the U.S. and two in West Germany.
    It said verdicts or judgements in favor of the company were
obtained in eight of the trials, one of which included about
1,150 plaintiffs.
    In two trials, Merrell said, verdicts were in favor of the
plaintiffs. In one, it said, the trial judge overruled the
jury's verdict and issued a judgement in favor of the company
and a three judge panel of the Court of Appeals overturned the
trial judge's ruling. Merrell is now awaiting a rehearing of
this case by the full Court of Appeals.
    Of the remaining two trials, one ended in a mistrial and in
the other the jury was unable to reach a verdict.
    At one point about 1700 lawsuits had been filed alleging
the drug caused birth defects, said a company spokesman. He
said about 300 lawsuits are pending.
    Bendectin was first introduced in the early 1950s, and the
Merrell spokesman said a valid application to make and market
the drug is with the Food and Drug Administration should the
company decide it wants to reintroduce it.

 Reuter
