Della Fuit Kynaston, as Personal Representative of the Estate of Alden Kynaston v. United States

BARRETT, Circuit Judge.

Della Fuit Kynaston appeals from the district court’s grant of summary judgment in favor of the United States, appellee. After finding that appellant’s husband, Alden Kynaston, contracted Guillain-Barre Syndrome (GBS) from a swine flu vaccination he received as part of a government sponsored immunization program, the court awarded recovery of $868.81. 1 The court based its judgment on Utah’s survival statute, Utah Code Annot., § 78-11-12 (Supp. 1977), which limits recovery to out-of-pocket expenses when the injured party dies of an intervening cause. Alden Kynaston died…