Sindell v. Abbott Laboratories

Supreme Court of California, 1980.

26 Cal.3d 588, 607 P.2d 924, 163 Cal.Rptr. 132, cert. denied, 449 U.S. 912, 101 S.Ct. 285, 66 L.Ed.2d 140 (1980).

Prosser, pp. 282-285


Facts: A bunch of drug companies sold DES.  The plaintiff sued, alleging that she got cancer because of exposure to the drug.  The plaintiff couldn’t show which manufacturer sold the drug that hurt her and the trial court dismissed the action.


Issue: Can a plaintiff injured by a drug made by an unknown manufacturer hold some other manufacturer liable for making an identical drug?








Back to Problems in Determining Which Party Caused the Harm

Back to Casebook Notes