The New Jersey Supreme Court has thrown out a suit filed by a man who claimed his brain tumor was caused by a contaminated polio vaccine, The Star-Ledger of Newark reported Thursday.
The court ruled against Jamie Gannon and his wife Rebecca, in a 5-1 decision in favor of pharmaceutical companies America Home Products, American Cyanamid, Lederle Laboratories and Wyeth-Lederle Vaccines.
Gannon’s lawsuit had alleged that a simian virus that contaminated a vaccine he received from 1973 to 1976 had casued him to develop a cancerous brain tumor in 2000, The Ledger reported. He was 27 at the time.
Attorneys for the drug makers had maintained that the immunizations were promotional items, and that there wasn’t any evidence that Gannon’s pediatrician in Pennsylvania had used them, according to The Ledger. The doctor and his office manager are deceased, and their medical files could not be found.
About 50 lawsuits have been filed alleging that the vaccine caused brain cancer.
New Jersey’s high court said that the Gannons’ suit had to be dismissed to avoid re-litigating the case.
The couple had tried to continue their litigation in state court after a federal judge dismissed it.