New Jersey's Supreme Court has ruled against a man in a lawsuit over a polio vaccine he received as an infant.
Jamie Gannon's 2003 suit claimed the vaccine he was given in the mid-1970s contained a simian virus that caused a brain tumor. It named American Home Products Corporation, American Cyanamid Company and Lederle Laboratories.
The case initially was dismissed by judges at the state and federal level who said Gannon hadn't proved the vaccine caused his cancer and couldn't identify who manufactured it. An appeals court reversed those rulings in 2010.
In Wednesday's 5-1 decision, the state Supreme Court held that Gannon couldn't have proceeded with the lawsuit in state court because his similar action in federal court had been dismissed.
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