SINDELL v. ABBOTT LABORATORIES

Docket No. L.A. 31063.

26 Cal.3d 588 (1980)

607 P.2d 924

163 Cal. Rptr. 132

JUDITH SINDELL, Plaintiff and Appellant, v. ABBOTT LABORATORIES et al., Defendants and Respondents. MAUREEN ROGERS, Plaintiff and Appellant, v. REXALL DRUG COMPANY et al., Defendants and Respondents.

Supreme Court of California.

March 20, 1980.


Attorney(s) appearing for the Case

COUNSEL

Donnenfeld & Brent, Jason G. Brent, Laurence M. Marks, Heily, Blase, Ellison & Wellcome and Jay H. Sorensen for Plaintiffs and Appellants.

Wylie Aitken, Stephen Zetterberg, Robert E. Cartwright, Harry DeLizonna, Edward I. Pollack, J. Nick DeMeo, Sanford M. Gage, Leonard Sacks, David Rosenberg, Jeanne Baker, David J. Fine and Rosenberg, Baker & Fine as Amici Curiae on behalf of Plaintiffs and Appellants.

Morgan, Wenzel & McNicholas, Darryl L. Dmytriw, Lord, Bissel & Brook, Hugh L. Moore, Crosby, Heafey, Roach & May, Richard J. Heafey, Peter W. Davis, John E. Carne, Leonard M. Friedman, John G. Fleming, George Fletcher, Adams, Duque & Hazeltine, Richard C. Field, David L. Bacon, Haight, Dickson, Brown & Bonesteel, Robert L. Dickson, Roy G. Weatherup, Hall R. Marston and Jerry M. Custis for Defendants and Respondents.


OPINION

MOSK, J.

This case involves a complex problem both timely and significant: may a plaintiff, injured as the result of a drug administered to her mother during pregnancy, who knows the type of drug involved but cannot identify the manufacturer of the precise product, hold liable for her injuries a maker of a drug produced from an identical formula?

Plaintiff Judith Sindell brought an action against eleven drug companies...

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