Wolfe v. Merrill National Laboratories, Inc.

MEMORANDUM

MORTON, District Judge.

This action is presently before the court on the motion of the United States of America (“the Government”) to have the court substitute it as the sole defendant and to dismiss the action for failure on plaintiff’s part to exhaust her administrative remedies. Both motions are predicated on the express provisions of the National Swine Flu Immunization Program, P.L. 94-380, 94th Cong., August 12, 1976 (“the Act”), amending Section 317 of the Public Health Service Act (42 U.S.C., § 247b).

The plaintiff resists both motions, alleging alternatively that the Act…