Court Reinstates Claim that SV40-Contaminated Shot Caused Mesothelioma

SAN FRANCISCO - The widow of a California man who died from mesothelioma allegedly caused by his exposure to a simian virus-contaminated polio vaccine may pursue her negligence and punitive damage claims against pharmaceutical companies that produced the vaccine, a state appeals court has ruled. Asker, et al. v. Wyeth Pharmaceuticals Inc., et al., No. A112658 (Calif. Ct. App., 1st Dist.).

In reversing a trial court's decision to grant defendants' demurrers and strike the plaintiff's punitive damage claim, the First District California Court of Appeal said Jan. 10 that Carol Asker adequately pled her survival and wrongful death claims against …