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MINK V. UNIVERSITY OF CHICAGO, US Dist. Ct. for the N. Dist. Of IL, 1978, 460 F. Supp. 713

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MINK V. UNIVERSITY OF CHICAGO, US Dist. Ct. for the N. Dist. Of IL, 1978, 460 F. Supp. 713 Powered By Docstoc
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MINK V. UNIVERSITY OF CHICAGO, US Dist. Ct. for the N. Dist. Of IL, 1978, 460 F. Supp. 713 History: Complaint for recovery for battery—from conducting a medical experiment w/out patients knowledge or consent; both defendants moved to dismiss for failure to state a claim; motions denied Facts: Between 09/29/1950 and 11/20/1952, University of Chicago and Eli Lilly & Company gave 1,000 women DES, w/out the women’s knowing, in an undercover experiment to figure out the effectiveness of DES against preventing miscarriages; women were not told they were part of the experiment or that the pills they were taking were DES Issue(s): Was the administering of DES to the women w/out their consent considered battery in IL? Holding: Motions by defendants to dismiss denied Analysis: Plaintiffs were not informed of the risks associated w/taking the DES and the doctors clearly intended to give the patients the DES; battery is the unauthorized touching of the person of another Intentional contact is the administering of DES to Plaintiffs This contact was offensive, the harm was to the children B/c it wasn’t clear about the scope of the consent was, case was remanded