SINDELL V. ABBOTT LABORATORIES
26 Cal.3d 588, 163 Cal.Rptr 132, 607 P.2d 924 (1980)
NATURE OF THE CASE: Sindell (P)appealed a dismissal of two class actions alleging joint
liability against Abott (Ds), the manufacturers of diethylstilbestrol (DES); Ps failed to
identify the manufacturer of the DES prescribed to their mothers.
FACTS: Sindell (P) claimed that she was hurt because her mother took the drug DES to
prevent miscarriage. DES can cause cancerous and precancerous growths on women exposed to
the drug before birth. These growths are latent for about ten years before their presence is
known. P sued Abbott (D) and several other manufacturers of DES on behalf of herself and
others. D and the other manufacturers demurred. Their demurrer was sustained without leave
to amend because P could not identify the particular defendant that had manufactured the
offending drug. There were about 200 that manufactured DES, but only eleven defendants were
joined at trial. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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