Mohr v. United States

GOODMAN, Chief Judge.

The United States has moved for dismissal of this action brought against it under the Federal Tort Claims Act, 28 U.S.C.A. § 2671 et seq., upon the ground that plaintiff’s exclusive remedy is afforded by the Federal Employees’ Compensation Act, 39 Stat. 742, as amended, 5 U.S.C.A. § 751 et seq.

Plaintiff brought this action to recover damages for the death of her husband who, her complaint alleges, died as a result of an injection of anti-tetanus serum allegedly negligently administered in the course of treatment for an injury incurred in the performance of his duties as…