Summary Judgment Denied in Polio Vaccine Case: Newspaper Articles & Hearsay

HICKS v. CHARLES PFIZER & CO., 2005 U.S. Dist. LEXIS 40660 (E.D. Tex., Sept. 29, 2005)
Judge: Marcia Crone
Division: Beaumont
Holding: Motion for Summary Judgment DENIED
COMMENTS:
Pfizer sought summary judgment on Plaintiffs' personal injury action asserting claims for products liability, negligence, fraud, and breach of warranty, arising out of Plaintiff's ingestion of oral polio vaccine ("OPV"). The Hicks contend that the vaccine caused Karen Hicks to develop two, non-malignant, brain tumors. The case focused on the application of the hearsay rules to 1962 newspaper articles which suggested that Pfizer manufactured the OPV in question.  Judge Crone held that these were sufficient to raise a material issue of fact, precluding the entry of summary judgment in favor of Pfizer.