Barbara Novak, Cross-Appellant v. United States of America, Cross-Appellee

WELLFORD, Circuit Judge.

There is no dispute that Joseph Novak, a young man of 37 who had previously been in good health, died of a rare disorder known as dermatomyositis on April 11, 1977. The plaintiff, his widow, sued the United States under the Federal Tort Claims Act (FTCA) and the Swine Flu Act claiming that her husband’s untimely death was the result of his vaccination for swine flu on November 10, 1976.

The Swine Flu Act, enacted in 1976, was an attempt to inoculate the entire adult population of the United States to avoid a feared epidemic. This act marshalled the forces of public and…