Sindell v. Abbott Laboratories

607 P.2d 924 · California Supreme Court · 1980

Facts

Plaintiff Judith Sindell suffered cancer and other injuries due to her mother's ingestion of the drug DES during pregnancy. She sued multiple drug manufacturers but could not identify the specific company that produced the DES her mother took, as the drug was often prescribed generically and many years had passed. The trial court dismissed her action for failure to identify the manufacturer.

Issue

Can a plaintiff, injured by a fungible drug like DES, hold drug manufacturers liable for her injuries when she cannot identify the specific manufacturer of the product her mother ingested, but can identify the type of drug and the manufacturers of a substantial share of it?

Holding

Yes. The court reversed the dismissal, holding that a plaintiff may recover by joining manufacturers representing a substantial share of the DES market. The burden then shifts to the defendants to prove they did not produce the specific drug, and damages are apportioned based on market share.

Rule

When a plaintiff is injured by a fungible product, cannot identify the specific manufacturer due to no fault of their own, and joins manufacturers representing a substantial share of the relevant market, the burden shifts to the defendants to prove they did not produce the injury-causing product. Damages are then apportioned among the remaining liable defendants based on their respective market shares.

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Case brief last reviewed 2026-01-08. Prepared by CaseReader from the published opinion.