Personal Injury Law

SV 40 Case Revived!

By Barbara Adams

The California Court of Appeals today reversed a trial court's ruling that had dismissed a case in which the plaintiffs alleged that a case of mesothelioma was caused by SV 40.  In Carol Asker, et al., v. Wyeth Pharmaceuticals, Inc., et al. (No. A112658 Calif. App., 1st Appellate District, Div. 3) the Appellate Court held that the Plaintiffs had made sufficient claims to overcome the demurrer to the Complaint upheld by the trial court.

At this point, the issue is primarily procedural - did the Plaintiffs sufficiently plead their case in the Complaint so as to satisfy the requirements set out in Bockrath v. Aldrich Chemical Co. [1999] 21 Cal.4th 71?  The Appellate Court held that the Plaintiffs had, noting, "Here, plaintiffs alleged the decedent was exposed to a polio vaccine produced by the vaccine defendants that contained the contaminant SV40. As a result of that exposure, SV40 entered the decedent's body. The SV40 present in the decedent's body was a substantial factor in causing him to develop mesothelioma, an invariably fatal cancer of the serosal membranes. The only known source of the decedent's exposure to SV40 was the polio vaccine produced by the vaccine defendants."

One factor that makes this case particularly interesting is that it is brought by the Brayton Purcell law firm, known for their cases in asbestos-related litigation.  If they can prove that SV 40 was the cause of Mr. Asker's mesothelioma, the outcome of the case may benefit the asbestos defendants as much as it does the Asker family.

Full post as published by Toxics Defense on February 08, 2007 (boomark / email).