Legal Opinion
Osborn v. United States
District Court, D. North Dakota
Decided May 24, 1989No. Civ. No. A2-86-160PublishedCited by 2 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
BENSON, Senior District Judge.
This is a medical malpractice action against the United States, brought under the Federal Tort Claims Act. See 28 U.S.C. §§ 2671-2680. The minor plaintiff, Shawna Osborn, allegedly sustained severe injuries resulting from the administration of a diptheria, pertussis, and tetanus (DPT)1 vaccination. The United States is a defendant because Shawna received the vaccination at a United States Air Force immunization clinic in Grand Forks, North Dakota.
The United States has filed a motion to dismiss2 the case for lack of subject matter jurisdiction…
2Cases cited9 opinions
- United States v. KubrickSupreme Court of the United States · 1979
- Patricia Reilly v. United StatesCourt of Appeals for the Eighth Circuit · 1975
- Jose M. Arvayo, Etc. v. United StatesCourt of Appeals for the Tenth Circuit · 1985
- Theodore Andrew Jastremski and Chester Jastremski v. United StatesCourt of Appeals for the Seventh Circuit · 1984
- Joseph F. Dugan v. Arch Ramsay, Director of the Office of Personnel ManagementCourt of Appeals for the First Circuit · 1984
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3Cited by2 opinions
- Joseph Osborn and Pamela Osborn, Individually and as Father and Mother and Guardians Ad Litem of Shawna Osborn v. United StatesCourt of Appeals for the Eighth Circuit · 1990
- Sleighter v. United StatesDistrict Court, D. South Dakota · 2025