Marvin T. Gates, of the Estate of Fae L. Gates, Deceased, and Marvin T. Gates, Individually v. United States

This is an appeal from the judgment of the district court dismissing plaintiff’s action against the United States for personal injury allegedly caused by the swine flu vaccination administered during the National Swine Flu Immunization Program of 1976, 42 U.S.C. § 247b(jHI) (1976) (“Swine Flu Act”). The sole issue was whether the swine flu vaccine received by plaintiff (Fae L. Gates) was the proximate cause of the Guillain-Barre Syndrome 1 (“GBS”) she suffered in the fall of 1977. The district court held that plaintiff had failed to prove causation by a preponderance of the evidence.

The…