For such liability, when a drug causes personal injury and the manufacturer of the drug cannot be identified, each producer is responsible for paying the settlement in proportion to the percentage of the market they supplied. 1980. 3. Defendant Abbott Laboratories' general demurrer was sustained with 30 days leave to amend, the court noting the absence of an “allegation that any product manufactured by demurring defendant caused any harm to plaintiff.” Sindell, however, failed to thereafter amend her complaint. The remaining defendants were Abbott Laboratories, Eli Lilly and Company, E.R. Rptr. Page 588. Causation, Factual uncertainty. JUDITH SINDELL, Plaintiff and Appellant, v. ABBOTT LABORATORIES et al., Defendants and Respondents. FACTS: Sindell’s mother was given a drug called DES while she was pregnant with Sindell. reserved for plaintiffs the option of seeking full recovery from one manufacturer when matching is possible. Defendants. See Sindell v. Abbott Laboratories, supra, 26 Cal. Sindell v. Abbott Laboratories. 26 Cal.3d 588 (1980). The Embryo Project Encyclopedia - Abbott Laboratories. Judith Sindell. Sindell v Abbott Lab 26 Cal. The recent decision in Sindell v. Abbott Laboratories et al. 132, 607 P.2d 924. Rptr. Facts: Plaintiff was injured as the result of a drug administered to her mother during pregnancy. Court. Citation. 3d 588 (1980), was a landmark |products liabili... World Heritage Encyclopedia, the aggregation of the largest online encyclopedias available, and the most definitive collection ever assembled. Sindell v. Abbott Laboratories: Case Citation: 449 U.S. 912: Year: 1980: Facts: 1. Stone, JJ., dismissed the actions and appeals were taken. 132, 1980 Cal. 3d at 596 n.4, 607 P.2d at 927 n.4, 163 Cal. Sindell v. Abbott Laboratories case brief summary F: While the Ps mother was pregnant, she was given a medicine, and alleges that it developed cancer. The question is whether plaintiff, who cannot identify the manufacturer of the precise product administered, can hold a manufacturer, … 3d 588, 607 P.2d 924, 163 Cal. That same year, physicians Charles Huggins and Clarence V. Hodges at the University of Chicago in Chicago, Illinois, used DES to treat metastatic prostate cancer. Issue. But Sinde!! 26 Cal.3d 588. Prosser, pp. Sindell v. Abbott Laboratories 26 Cal. Judith SINDELL, Plaintiff and Appellant, v. ABBOTT LABORATORIES et al., Defendants and Respondents. Jump to: General, Art, Business, Computing, Medicine, Miscellaneous, Religion, Science, Slang, Sports, Tech, Phrases We found one dictionary with English definitions that includes the word sindell v. abbott laboratories: Click on the first link on a line below to go directly to a page where "sindell v. abbott laboratories" is defined. Citation. Between 1941-1971, approximately 200 companies manufactured and distributed the drug Diethylsilbestrol (“DES”). Sindell v. Abbott Laboratories. MAUREEN ROGERS, Plaintiff and Appellant, v. 132, cert. 3d 588, 163 Cal= . Sindell v. Abbott Laboratories: | |Sindell v. Abbott Laboratories|, 26 Cal. If you are interested, please contact us at [email protected] PROBLEMS IN DETERMINING WHICH PARTY CAUSED THE HARM Sindell v. Abbott Laboratories, 26 Cal.3d 588 (Calif. 1980) (Injured Consumer) v. (Drug Manufacturer) Procedural Basis: Appeal from trial court's dismissal of action in negligence. In Sindell v.Abbott Laboratories, the California Supreme Court allowed a cause of action against a group of manufacturers of the drug diethylstilbestrol (DES) even though the plaintiff was unable to identify which manufacturer had supplied the drugs that plaintiff’s mother had taken to prevent a miscarriage. Rptr. LEXIS 151, 2 A.L.R.4th 1061, CCH Prod.… We are looking to hire attorneys to help contribute legal content to our site. 132, 607 P.2d 924 (1980) MOSK, J. Abbott Laboratories et al. 3d 588 (1980), was a landmark products liability decision of the Supreme Court of California which pioneered the doctrine of market share liability. Sindell v. Abbott Laboratories. 3d 588 (1980) Torts case summary Pl alleges that she developed cancer as a result of this action, and named five manufacturers of DES as co-defendants. Sindell v. Abbott Laboratories is similar to these topics: Greenman v. Yuba Power Products, Inc., Moore v. Regents of the University of California, Summers v. Tice and more. CASE TITLE: Rita Rene Martin, et al, Appellants, v. Abbott Laboratories, et al, Respondents. There are 195 other manufacturers of DES [diethylstilbestrol]. 282-285 . Sindell v Abbott Laboratories et al., 607 P2d 924. Sindell v. Abbott Laboratories = Sindell v. Abbott Laboratories 26 Cal. Procedure: Women brought class actions against drug companies seeking to recover for injuries sustained as result of administration of drug DES to their mothers during pregnancy. Area of law . Sindell v. Abbott Laboratories, 26 Cal. 3d 588, 163 Cal. In Sindell v. Abbott Laboratories ,' the Cali-fornia Supreme Court dispensed with the matching requirement by fashioning a causation theory based on market shares. 1. LexRoll.com > Law Dictionary > Torts Law > Sindell v. Abbott Laboratories. Read more about Sindell V. Abbott Laboratories: Background, Decision, Dissent, Problems in Applying The Doctrine. Country. Rptr. Rptr. Sindell v. Abbott Lab., 26 Cal. Sindell v. Abbott Laboratories was a 1980 California case that established the doctrine of market share liability for personal injury cases. State. P named five manufacturers of medicine as co-defendants, however there are other small manufacturers. Supreme Court of California. 2. at 139, 607 P.2d at 931. [1] Products Liability - DES - Elements of Tort - Burden of Proof. 3d at 602, 163 Cal. Squibb and Sons, the Upjohn Company, and Rexall Drug Company. The drug was administered to plaintiff’s mother and the mothers of the class she represents, … at 135 n.4. 26 Cal.3d 588 (1980) 607 P.2d 924 163 Cal. SINDELL v. ABBOTT LABORATORIES, Leagle, decision/198061426Cal3d588_1587, March 20, 1980. MARTIN v. ABBOTT LABORATORIES. Sindell v. Abbott Laboratories, 26 Cal. 3d 588 (1980), was a landmark products liability decision of the Supreme Court of California which pioneered the doctrine of market share liability. 2 JUDITH SINDELL, Plaintiff and Appellant, v. ABBOTT LABORATORIES et al., Defendants and Respondents. Sindell v. Abbott Laboratories Facts Abbott Laboratories Facts defendants made and marketed drug to prevent miscarriages but caused cancer in daughters, negligently marketed when aware of grave side effects, marketed on unlimited basis against DEA protocol Sindell v. Abbott Laboratories, 26 Cal. Rptr. For such liability, when a drug causes personal injury and the manufacturer of the drug cannot be identified, each producer is responsible for paying the settlement in proportion to the percentage of the market they supplied. While the PL’s mother was pregnant with her, she was given a synthetic estrogen, DES, to prevent miscarriage. Sindell v. Abbott Laboratories: Court: Citation; Date: PROCEDURAL HISTORY: Trial court: Appeal court (for appeal cases only): Plaintiff: Sindell: Appellant: Sindell: Defendant: Respondent: Facts of the case: Plaintiff Judith Sindell brought an action against eleven drug companies and Does 1 through 100, on behalf of herself and other women similarly situated. 132. 163 Cal.Rptr. CAUSE NUMBER: 49359-6. 3 Redemann: Manufacturers' Liability Based on a Market Share Theory: Sindell Between 1941 and 1971, defendants were engaged in the business of manufacturing, promoting, and marketing diethylstilbesterol (DES), a drug which is a synthetic compound of the female hormone estrogen. 12. Supreme Court of California, 1980. Judges. Year. Sindell v Abbott Laboratories et al. By: Abboud, Alexis Keywords: ... and atrophic vaginitis. 285, 66 L.Ed.2d 140 (1980). Sindell v. Abbott Laboratories449 U.S. 912 101 S. Ct. 285 101 S. Ct. 286 66 L. Ed. Plaintiff. California. Facts: A bunch of drug companies sold DES. Abbott Laboratories (Gründungsname: Abbott Alkaloid Company) ist ein weltweit operierender, im S&P 500 gelisteter Pharmakonzern mit rund 90.000 Mitarbeitern in 130 Ländern. Sindell v. Abbott Laboratories was a 1980 California case that established the doctrine of market share liability for personal injury cases. The Superior Courts, Los Angeles and Ventura Counties, Jerry Pacht, Robert I. Weil and Steven J. Bird CJ and Mosk, Newman, White, Richardson, Clark, and Manuel JJ. The plaintiff sued, alleging that she got cancer because of exposure to the drug. Sindell v. Abbott Laboratories. DES causes cancer in the daughters of women who took it while pregnant with those daughters. Capri White CASE INFORMATION: Sindell V Abbott Laboratories et al..607 P2d 924 NAME OF COURT ISSUING OPINION: The court issuing the opinion is the Supreme Court of California. 26 Cal.3d 588, 607 P.2d 924, 163 Cal.Rptr. United States. She took the drug in order to attempt to lower the risk of her having a miscarriage. denied, 449 U.S. 912, 101 S.Ct. FILE DATE: October 4, 1984. 132, 607 P.2d 924 (1980) MOSK, J. ) Torts case summary the Embryo Project Encyclopedia - Abbott Laboratories, supra, 26.. For personal injury cases the recent Decision in Sindell v. Abbott Laboratories, et al Respondents! 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