Market Share Liability for DES (Diethylstilbestrol) Injury: A New High Water Mark in Tort Law: Sindell v. Abbott Laboratories, 26 Cal. 3d 588, 607 P.2d 924, 163 Cal. Rptr. 132, cert. denied, 101 S. Ct. 285 (1980)

Authors

Barbara J. Koperski, University of Nebraska College of Law

Abstract

In Sindell v. Abbott Laboratories, the California Supreme Court discussed intra-industry liability for adverse effects of drugs and adopted the market share liability theory for DES injuries. Although the majority purported to shift only the burden of proving causation from the plaintiff to the defendants, the effect of its adopting the intra-industry joint liability concept (or, more specifically, the market share doctrine) is to guarantee that the plaintiff will prevail on the causation issue. By departing from traditional tort doctrine and effectively eliminating causation as an issue, "'[m]arket share' liability thus represents a new high water mark in tort law." This Note analyzes Sindell and the various approaches taken to overcome the obstacle of product identification in DES cases. In addition, it examines the legal, social, and economic ramifications of intra-industry joint liability.

Recommended Citation

Barbara J. Koperski, Market Share Liability for DES (Diethylstilbestrol) Injury: A New High Water Mark in Tort Law: Sindell v. Abbott Laboratories, 26 Cal. 3d 588, 607 P.2d 924, 163 Cal. Rptr. 132, cert. denied, 101 S. Ct. 285 (1980), 60 Neb. L. Rev. (1981)
Available at: https://digitalcommons.unl.edu/nlr/vol60/iss2/9