N.J. High Court Dismisses Polio Vaccine Lawsuit
August 17, 2012
TRENTON, N.J. - Plaintiffs in a polio vaccine case are collaterally estopped from litigating their claims in state court because a federal court has already ruled that they failed to present sufficient evidence that the vaccine caused a cancerous tumor, a New Jersey Supreme Court panel majority has ruled. Gannon v. American Home Products Inc., No. A-80-10 (N.J. Sup. Ct.).
The majority, led by Justice Helen E. Hoens, ruled Aug. 15 that an appellate court erred in ruling that there were equitable considerations that militated against giving collateral estoppel effect to the federal court ruling.
Jamie and Rebecca Gannon claim ...