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Products Liability Keyed Owen, 8th Ed.
Sutowski v. Eli Lilly & Co.
Citation:
696 N.E.2d 187 (1998)Facts
DES was a synthetic estrogen widely used from the 1940s through the early 1970s for various purposes, including treatment of pregnancy complications. Approximately 200-300 different drug companies produced DES during this period. In the early 1970s, researchers discovered a link between in utero DES exposure and clear cell adenocarcinoma, a rare form of cancer, as well as other reproductive disorders. Due to the long interval between DES use and manifestation of its effects, the generic nature of the drug, and the large number of manufacturers, many DES plaintiffs faced difficulty identifying the specific manufacturer of the drug their mothers took decades earlier. Sutowski claimed injury from DES exposure but was unable to identify which manufacturer produced the specific DES her mother ingested. The question before the court was whether market-share liability, a theory developed in California in Sindell v. Abbott Laboratories that would allow recovery against DES manufacturers based on their respective market shares, should be recognized in Ohio.
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