Judge Won't Nix $22.5M Award In Pfizer Polio Suit

By Erin Fuchs (February 26, 2010, 5:51 PM EST) -- A New York state judge has refused to set aside a $22.5 million jury verdict for a paraplegic who said he contracted polio from changing his infant's diaper after she was vaccinated, rejecting Pfizer Inc.'s federal preemption arguments in a post-Wyeth era.

Judge Joseph J. Maltese of the Supreme Court of the State of New York, County of Richmond issued an opinion on Feb. 17 denying Pfizer's bid to set aside the verdict in the 28-year-old suit and enter a judgment for the drugmaker.

Dominick Tenuto filed the suit in 1981 over the Orimune vaccine made by Pfizer predecessor Lederle Laboratories,...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!