Appeals Court Says SV40 Cancer is Vaccine-Related Injury

TRENTON, N.J. - A state appeals court has reversed a trial court decision that would have allowed a personal injury and wrongful death case alleging exposure to a simian virus-contaminated polio vaccine to proceed outside the jurisdiction of the national vaccine compensation program. Rivard v. American Home Products Inc., et al., No. A-2478-05T3 (N.J. Super. Ct., App. Div.).

The Appellate Division of the New Jersey Superior Court ruled March 8 that claims asserted on behalf of Lindsay Rivard must first be filed in federal vaccine court because the underlying allegations against the vaccine manufacturers are not subject to any statutory …