Toxics Law Reporter Index-Summary

VACCINES

– Encephalomyelitis link to tetanus typhoid-diptheria shot alleged, suit dismissed because government expert more credible (Fed. Cir.), 773
– Mercury-based thimerosal allegedly harms children

– – Federal law preempts family's design defect and failure-to-warn claims (Pa. Ct. Comm. Pls.), 822
– – Ga. design defect claims are not preempted (Ga.), 937

– Polio

– – Contaminated vaccine alleged cause of brain cancer, expert failed to prove link (3d Cir.), 797
– – Tumor, suit dismissed for failure to identify manufacturer (5th Cir.), 196

VAPOR INTRUSION

– TCE

– – Air and soil contaminates, newly discovered problems, suit may proceed despite former litigation (N.Y. App. Div.), 1087
– – EPA plans guidance on risk and cleanup levels, 330

VERMONT

– Attorneys' fees available for cleanup monitoring (Vt.), 245
– Injunctive relief, no jury right under state waste law if reimbursement claim is subordinate (Vt.), 371
– Penalties for polluters, General Assembly approves bill increasing fines, 416
– Pesticide trespass claim fails due to lack of physical impact proof (Vt.), 424
– Phenergan improperly injected, Solicitor Gen. argues that federal law bars failure to warn claims (U.S., amicus brief filed), 23; drug company and plaintiff file response briefs, 43; (rev grant), 60; Wyeth argues impossibility of dual compliance (brief filed), 469; U.S. files amicus brief, 487; appellant files brief, 693; reply brief filed, 823; (oral arg set), 878; (oral arg), 989

VIAGRA

– Jurisdiction, Cal. and Ariz. plaintiffs may not sue in N.Y. (N.Y. Sup. Ct.), 179
– Parties challenge each other's witnesses with Daubert motions (D. Minn.), 7; some experts allowed and others excluded, 338

VIETNAM

– Agent Orange

See AGENT ORANGE

VINYL CHLORIDE

– Contaminated ground water, PRPs who formed group for cleanup did not assume duty to owners of adjacent properties (Wis. Ct. App.), 671
– Exposure, medical monitoring settlement initially approved (E.D. Pa.), 199
– N.J. manufacturer agrees to pay $1.3M to settle allegations of violating state and federal environmental laws (D.N.J.), 739
– Plugged contaminated drinking water well, owner has sufficient present injury to bring RCRA suit (N.D. Ill.), 715; contamination expert will be allowed, 877
– PVC plant neighbors, class certification denied due to inadequate report (W.D. Ky.), 771
– Undetectable, presence in air constitutes physical injury to property under common-law damage claim (E.D. Pa.), 688

VIOXX

– Clinical trial mainly for marketing purposes, study says, 778
– Federal law preemption of state failure-to-warn claims, review granted (N.J.), 911
– Heart attacks, Merck settlement of tens of thousands of cases discussed by panel, 45; settlement claimant enrollment meets threshold, Merck says, 217

VIRGIN ISLANDS

– CERCLA settlement agreements between state regulators and landowners rejected due to lack of estimate of total projected cleanup costs (D.V.I.), 971; petroleum exclusion does not bar claims if hazardous substance added to waste oil, 1041
– Hurricane spread toxic substances to surrounding area, only remedy available to class is to seek an injunction requiring cleanup of substances still on aluminum plant property (D.V.I.), 510

VIRGINIA

– Asbestos, shipyard worker's death, maritime law applied to product liability suit (U.S., rev sought), 28
– CWA violations

– – Contribution claims denied (W.D. Va.), 285
– – Storm water runoff, home builders agree to pay and implement new measures to settle suits, 4 cases (E.D. Va.), 518

– E. coli, Boy Scout's family sues camp meat supplier (Va. Cir. Ct.), 883
– USTs, owner of gas stations in Md., Va., and D.C. fined over $3 million (EPA EAB), 249

VITAMINS AND NUTRITIONAL SUPPLEMENTS

– E. coli, pharmacist-compounded nutrition product, warranty claim, new trial ordered (Fla. Dist. Ct. App.), 28
– Ephedra-based dietary supplements, limitations-based summary judgment reversed due to date of discovery question (2d Cir.), 732