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

Law360 (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,...

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