Question

Assume that Big Drug Company BDC was one of ten drug manufactures who produced and sold in the Cleveland area a drug that was found to cause cancer in women whose mothers had taken the drug while pregnant. Plaintiff cannot find out if the pills her mother took were actually manufactured by BDC, but she does know that BDC controlled 40 percent of the market for that drug in the Cleveland area when her mother was taking it. If a jury finds that plaintiff suffered 100,000 in damages, she will be able to collect 40,000 from BDC if her state follows the doctrine of ________________.

a. Res ipsa loquiturb. Negligence per sec. Market share liability.d. All of the above are necessary to collect from BDC in these circumstances

Answer 1

The answer is: C) Market share liability

Step-by-step explanation:

In Sindell v. Abbot Laboratories et al. (1980) the "market share liability doctrine" was delineated by the Supreme Court of California.

It allows a plaintiff to establish a case against a group of manufacturers for an injury caused by a product. The plaintiff doesn't need to know or demonstrate which manufacturer supplied the product. Each manufacturer is responsible for the injuries in proportion to their market share of the product.