Roy L. Fraysier v. United States

RONEY, Circuit Judge:

In the Federal Tort Claims Act, which provided a limited waiver of governmental immunity, Congress provided that no tort action could be instituted against the United States for a sum in excess of that presented to the federal agency which committed the tort, except where the increased amount is based on newly discovered evidence not reasonably discoverable when the agency claim was presented, or on in*479tervening facts. In this case involving injuries resulting from a swine flu vaccine, the question is whether increased knowledge of plaintiffs physical injuries amounts to…