Asker v. Wyeth Pharmaceuticals
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. Court reverse.
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