Sindell v. Abbott Laboratories
Supreme Court of California
607 P.2d 924 (Cal. 1980)
Relevant factsFree
Sindell (plaintiff) developed cancer allegedly from her mother's ingestion of DES, a drug produced identically by multiple manufacturers, and could not identify which specific manufacturer's version her mother took; the trial court dismissed her suit against Abbott Laboratories and other DES manufacturers (defendants) for failing to identify the specific manufacturer responsible.
IssueFree
Whether, when multiple manufacturers of a fungible good are named as defendants and the specific manufacturer causing the harm cannot be identified, each manufacturer may be held severally liable.