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California Civil Procedure, Keyed to Levine, 6th Ed.
Jolly v. Eli Lilly & Co.
Citation:
44 Cal. 3d 1103, 245 Cal. Rptr. 658, 751 P.2d 923 (1988)Facts
Christine Jolly was born in 1951 and learned in 1972 that her mother had ingested DES during pregnancy to prevent miscarriage. She was diagnosed with adenosis and underwent monitoring at a DES clinic. In 1976, she had an abnormal pap smear requiring surgical intervention, and in 1978, she underwent a complete hysterectomy and partial vaginectomy to remove malignancy. Starting in 1972, Jolly attempted to identify the DES manufacturer but was unsuccessful because the prescribing doctor had died, the pharmacist had no records, and DES was a fungible drug manufactured by hundreds of companies. By 1978, Jolly was aware of pending DES lawsuits and believed DES had caused her injuries and that manufacturers had wrongfully marketed a defective product. She admitted in her deposition that in 1978 she wanted to “make a claim” and felt “someone had done something wrong” concerning DES. However, she believed she had no cause of action without identifying the specific manufacturer and did not file suit until March 1981, almost one year after the California Supreme Court decided Sindell v. Abbott Laboratories in March 1980.
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