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\u27s ruling represented Ohio\u27s 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
