Legal Opinion
Wade Baker and Rita Baker v. United States
Court of Appeals for the Ninth Circuit
Decided May 18, 1987No. 86-5578PublishedCited by 71 opinions
1Opinion of the Court
SNEED, Circuit Judge:
Appellants, Wade Baker and Rita Baker, brought this action against the United States under the provisions of the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 1346(b), 2671-80. The appellants allege that Wade Baker’s contraction of poliomyelitis was caused by the negligence of the United States Department of Health, Education and Welfare (HEW), 1 which had licensed the vaccine in question for marketing by Lederle Laboratories. The district court dismissed the action for lack of subject matter jurisdiction, ruling that the action was barred by the discretionary function…
2Cases cited19 opinions
- Dalehite v. United StatesSupreme Court of the United States · 1953
- United States v. S.A. Empresa De Viacao Aerea Rio GrandenseSupreme Court of the United States · 1984
- United States v. OrleansSupreme Court of the United States · 1976
- Richard J. Griffin and Mary Jane Griffin, His Wife v. United StatesCourt of Appeals for the Third Circuit · 1974
- Art metal-u.s.a., Inc. v. United StatesCourt of Appeals for the D.C. Circuit · 1985
14 more not listed; retrieve them via the Exa API.
3Cited by71 opinions
- Natalia Makarova v. United StatesCourt of Appeals for the Second Circuit · 2000
- Cato v. United StatesCourt of Appeals for the Ninth Circuit · 1995
- Berkovitz v. United StatesSupreme Court of the United States · 1988
- Keith L. Prescott v. United StatesCourt of Appeals for the Ninth Circuit · 1992
- Sutton v. EarlesCourt of Appeals for the Ninth Circuit · 1994
66 more not listed; retrieve them via the Exa API.