Hicks v. Charles Pfizer & Company Inc.

466 F.Supp.2d 799 (E.D. Tex. 2005)

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Nature of the Case

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Facts

P was diagnosed with a brain tumor that she alleges was caused by OPV administered to her as a child in 1962. P contends that, during the manufacturing process, the OPV was contaminated with simian virus 40 while being cultured in tissue from monkey kidneys. In 1962, the Jefferson County, Texas, Medical Society sponsored a massive public health campaign, Project XP, to vaccinate the public against polio. Free OPV was provided to any resident over six weeks of age who wished to receive the vaccine. P claims to have participated in this 1962 event. P sued D in products liability. As a result of the product identification discovery, P dismissed all but ten of the defendants from this action. P sought to introduce 1962 newspaper articles that linked D to the vaccine she received in 1962. As for D, all the records from that time had been destroyed. P had no further evidence linking D and D moved for summary judgment.