Asker v. Wyeth Pharmaceuticals
Filed 1/10/07 Asker v. Wyeth Pharmaceuticals CA1/3
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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIRST APPELLATE DISTRICT
DIVISION THREE
CAROL ASKER et al., Plaintiffs and Appellants, v. WYETH PHARMACEUTICALS, INC., et al., Defendants and Respondents. | A112658 (San Francisco County Super. Ct. No. 407055) |
In this case we consider whether a complaint sufficiently alleges that contaminated polio vaccine produced by defendants was a substantial factor in causing the death of plaintiffs' decedent from mesothelioma. The trial court sustained defendants' demurrers without leave to amend on the basis that the complaint was uncertain because plaintiffs did not allege which defendant produced, or had a role in producing, vaccine that was actually administered to the decedent. We reverse.[1]
FACTUAL AND PROCEDURAL BACKGROUND
This case began when Alan Asker filed a complaint for personal injuries in April 2002, including a claim for loss of consortium by his wife, Carol Asker. After his death in July 2002, the complaint was amended to include survival and wrongful death allegations, and to add his heirs as parties. The fourth amended complaint alleges causes of action for products liability, negligence, and loss of consortium.[2]
It alleges that the decedent received polio vaccine manufactured and distributed by defendants that contained a viral contaminant known as SV40, which was a â€
