Nancy Zeck v. United States of America, Albert Zeck v. United States

Appellant Albert Zeck brought this action against the United States under the provisions of the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2671 et seq. (FTCA) and the National Swine Flu Immunization Program of 1976, 42 U.S.C. § 247b(k)(l)(A) et seq. (Swine Flu Act) alleging that he suffered a stroke resulting from receipt of the swine flu vaccine. Appellant Nancy Zeck filed an action under the FTCA and the Swine Flu Act for loss of consortium based upon the injury to her spouse. Following remand to the United States District Court, 559 F.Supp. 1345, for the District of South Dakota both…