Summary Judgment Motions Denied in SV40 Case;
Daubert Hearing Set

photo-2LOS ANGELES - A federal judge in California has ordered a Daubert hearing to determine whether expert testimony indicating a link between simian virus 40 (SV40) and the fatal brain tumor of a two-year-old boy is sufficient to survive summary judgment. Horwin v. American Home Products, Inc., et al., No. 00-04523 (C.D. Calif.).

According to sources, Judge William J. Rea, in a tentative ruling issued Sept. 9, denied motions for summary judgment filed by plaintiffs and defendants in the case, which is scheduled for trial on Nov. 9.

The case involves the brain cancer death of Alexander Horwin, a …