Heitz v. County of Sacramento

Opinion

JANES, J.

Plaintiff appeals from a judgment of dismissal entered after the trial court sustained, without leave to amend, defendant County of Sacramento’s demurrer to his complaint for the recovery of damages for injuries resulting from a swine flu immunization received at a county-provided inocculation center. Plaintiff seeks reversal of the judgment on the ground that Government Code section 856.6, which exempts public and volunteer participants in the National Influenza Program of 1976 from liability except in the case of willful misconduct, is unconstitutional.

Plaintiff’s complaint,…