Marla suffers a heart attack after taking a prescription drug that has been linked in studies to heart problems. Marla would like to sue for her injuries. Marla does her homework and discovers there are five manufacturers of the drug. Unfortunately, because Marla took the drug five years ago, there is no way to tell which manufacturer created the actual drug that Marla took. To proceed with her lawsuit:
O Marla can do nothing if she cannot find out which manufacturer made the actual drug that she took.
O Marla can choose any of the five manufacturers to sue.
O Marla can sue all five manufacturers, and any recovery she receives will be apportioned among the manufacturers according to their share of the market.
O Marla can sue the manufacturer who manufactured the greatest amount of the drug.