Legal Opinion

Ina M. Overton v. United States

Court of Appeals for the Eighth Circuit

Decided April 21, 1980No. 79-1847PublishedCited by 79 opinions

1Opinion of the Court

STEPHENSON, Circuit Judge.

The appellee, Ina M. Overton, sued the United States for injuries resulting from a swine flu vaccination.1 The government conceded liability but disputed the amount of damages. After a non-jury trial, the district court2 awarded plaintiff $106,500 in general damages and $7,139.23 in special damages. The government appeals on two grounds: (1) the court clearly erred in setting the amount of the award; (2) the court should have reduced the award to take account of plaintiff’s Medicare benefits. We affirm the district court’s assessment of damages but reverse its…

2Cases cited17 opinions

  1. Flemming v. NestorSupreme Court of the United States · 1960
  2. Solomon Dehydrating Company, Incorporated v. Clarence R. Guyton, Central Greyhound Lines, Incorporated, and the Greyhound CorporationCourt of Appeals for the Eighth Circuit · 1961
  3. Donald Feeley v. United StatesCourt of Appeals for the Third Circuit · 1964
  4. United States v. Harue HayashiCourt of Appeals for the Ninth Circuit · 1960
  5. United States v. William H. Price, Jr.Court of Appeals for the Fourth Circuit · 1961

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3Cited by79 opinions

  1. Alvin Hunter v. Allis-Chalmers Corporation, Engine Division, and Andre J. Lambert, DefendantsCourt of Appeals for the Seventh Circuit · 1986
  2. Donna Reilly, Etc. v. United StatesCourt of Appeals for the First Circuit · 1988
  3. Washington Ex Rel. Washington v. Barnes HospitalSupreme Court of Missouri · 1995
  4. Eric Clausen v. Sea-3, Inc., Storage Tank Development CorporationCourt of Appeals for the First Circuit · 1994
  5. Rick E. Clark, & Cross-Appellee v. Burlington Northern, Inc., a Corporation, & Cross-AppellantCourt of Appeals for the Eighth Circuit · 1984

74 more not listed; retrieve them via the Exa API.

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