Legal Opinion
Emma K. Gassman and Julius Gassman, Her Husband v. United States
Court of Appeals for the Eleventh Circuit
Decided August 16, 1985No. 84-3606PublishedCited by 4 opinions
1Opinion of the Court
GODBOLD, Chief Judge:
This is an appeal by the United States from a judgment in a bench trial finding it liable to Emma Gassman for damages caused when she contracted encephalitis after being vaccinated against swine flu in 1976. 589 F.Supp. 1534 (M.D.Fla.1984). Gassman had sought compensatory damages against the government under the Swine Flu Act, 42 U.S.C. § 247b(j) (1982), pursuant to the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2671, et seq. (1982). We affirm.
FACTS
In November of 1976 appellee went to the Naval Reserve Training Center in Daytona Beach, Florida, to receive a swine flu…
2Cases cited9 opinions
- American National Bank Of Jacksonville v. Federal Deposit Insurance CorporationCourt of Appeals for the Eleventh Circuit · 1983
- Steelmet, Inc. v. Caribe Towing Corp.Court of Appeals for the Eleventh Circuit · 1984
- James Allen v. State of AlabamaCourt of Appeals for the Eleventh Circuit · 1984
- Ritz v. Florida Patient's Compensation FundDistrict Court of Appeal of Florida · 1983
- In Re Swine Flu Immunization Products Liability LitigationUnited States Judicial Panel on Multidistrict Litigation · 1978
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3Cited by4 opinions
- Rita Patricia Keefe v. Bahama Cruise Line, Inc., a Foreign CorporationCourt of Appeals for the Eleventh Circuit · 1989
- Parikh v. CunninghamSupreme Court of Florida · 1986
- Schwab v. United StatesDistrict Court, M.D. Florida · 1986
- Jackson v. United StatesDistrict Court, M.D. Florida · 2006