Bettie Keown Daniels v. United States

JAMES C. HILL, Circuit Judge:

Bettie Keown Daniels, appellant in this proceeding, filed suit in the district court seeking to recover compensatory damages from the United States Government under the Swine Flu Act [hereinafter Act], 42 U.S.C. § 247b(j) et seq., pursuant to the Federal Tort Claims Act [hereinafter FTCA], 28 U.S.C. §§ 1346(b) and 2671 et seq. Appellant asserted that the Government was either negligently or strictly liable in failing to give her adequate warning of all known risks and benefits of the vaccine. Shortly after the action was filed, it was transferred to the United…