Lemar v. United States

ORDER ON UNITED STATES OF AMERICA’S MOTION FOR SUMMARY JUDGMENT

McRAE, Chief Judge.

Plaintiffs bring this action under the Federal Tort Claims Act (FTCA), 28 U.S.C. § 2671, et seq., for injuries received by their daughter, Sarah Lemar, after she was immunized against various diseases. The government has moved to dismiss, Fed.R. Civ.P. 12(b)(1) and (6), or, in the alternative, for summary judgment, Fed.R. Civ.P. 56.

Alice and Brian Lemar, at the recommendation of their pediatrician, took their daughter, Sarah, to be immunized at a local school. The immunizations were performed by personnel of the…