Federal Judge Denies Motion to Dismiss
Fraudulent Concealment Count in SV40 Complaint

Limits Recovery For Fraud to Wrongful Death Claim

photo-3LOS ANGELES - A federal judge in California has denied a motion to dismiss allegations that American Home Products concealed information about the presence of simian virus 40 in an oral polio vaccine that allegedly caused the death of a two-year-old boy. Horwin v. American Home Products, Inc., et al. No. 00-04523 (C.D. Calif.).

In an order issued July 23, Judge William Rea of the U.S. District Court for the Central District of California upheld claims of intentional concealment asserted by the boy's parents, Raphael and Michael Horwin, who …