Baker v. United States

MEMORANDUM OF DECISION

EGINTON, District Judge.

INTRODUCTION

Plaintiff instituted this civil action pursuant to the National Influenza Immunization Program of 1976 (Swine Flu Act), Public Law 94-380, 42 U.S.C. 247b(jMi), as amended (1976), and the Federal Tort Claims Act (FTCA), 28 U.S.C. 1346(b), 2671 et seq.

The genesis of this litigation arose in 1918 in the United States, when an influenza epidemic resulted in approximately 500,-000 deaths. No virus was isolated from the 1918 influenza epidemic because procedures for growing influenza virus in a laboratory host were not developed until the…