Massachusetts Supreme Judicial Court, 1982

The court answered the certified questions by requiring physical harm for recovery in negligence for emotional distress, barring recovery if the plaintiff probably would not have been born but for the mother’s ingestion of DES, and recognizing claims for injuries sustained in utero with retroactive effect.

The court held that a grand jury indictment must be supported by evidence establishing both the identity of the accused and probable cause to arrest. Because the grand jury heard no evidence that the defendant engaged in criminal activity or acted as an accomplice to the actual perpetrator, the indictment was…