Sindell v. Abbott Laboratories
607 P.2d 924 · California Supreme Court · 1980
Facts
Plaintiff Judith Sindell was injured by diethylstilbestrol (DES) administered to her mother during pregnancy, resulting in cancerous and precancerous growths. She sued eleven drug companies, but could not identify the specific manufacturer of the DES her mother took, as many companies produced it from an identical formula. The trial court dismissed her action due to her inability to identify the specific manufacturer.
Issue
Can a plaintiff, injured by a fungible drug (DES) administered to her mother during pregnancy, hold liable a manufacturer of that drug when she knows the type of drug but cannot identify the specific manufacturer of the product that caused her injuries?
Holding
The court reversed the dismissal, holding that the plaintiff can proceed with her action by suing manufacturers representing a "substantial share" of the DES market. Each defendant will be held liable for a proportion of the judgment corresponding to its market share, unless it can prove it did not manufacture the specific drug that caused the injury.
Rule
Under the doctrine of market share liability, when a plaintiff is injured by a fungible product produced by multiple manufacturers from an identical formula, and cannot identify the specific manufacturer, she may sue manufacturers representing a substantial share of the market. The burden shifts to defendants to prove they did not produce the injury-causing product, and damages are apportioned based on their market shares.
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