In Werling v. Sandy, the Ohio Supreme Court held a viable fetus, negligently injured "en ventre sa mere" and subsequently stillborn, may be the basis for a wrongful death action pursuant to Ohio Rev. Code § 2125.01.1 The court's ruling represented Ohio's explicit acceptance of the trend allowing a wrongful death action for the death of a fetus. Although Werling was not a case of first impression in Ohio, it presented the Ohio Supreme Court with the first opportunity to expand the legal rights of the unborn.
Stich, Janet I.
"Recovery For The Wrongful Death of a Viable Fetus: Werling v. Sandy,"
Akron Law Review: Vol. 19
, Article 4.
Available at: https://ideaexchange.uakron.edu/akronlawreview/vol19/iss1/4