Harry H. Wallace and Elizabeth Snyder Wallace v. United States
Court of Appeals for the Fourth Circuit
1Opinion of the Court
ERVIN, Circuit Judge:
Harry Wallace and his wife, Elizabeth, brought this action in the United States District Court for the District of Maryland under the Swine Flu Act of 1976, 42 U.S.C. § 247b, to recover for personal injuries and damages as a result of a swine flu inoculation administered to Harry Wallace. The district court dismissed the suit on the ground that there was a substantial question whether the Wallaces’ sole remedy was under the Federal Employees Compensation Act (FECA), 5 U.S.C. § 8101 et seq. The court reasoned that FECA provides an exclusive remedy for federal employees…
2Cases cited17 opinions
- New York State Department of Social Services v. DublinoSupreme Court of the United States · 1973
- O'Leary v. Brown-Pacific-Maxon, Inc.Supreme Court of the United States · 1951
- Bradford Electric Light Co. v. ClapperSupreme Court of the United States · 1932
- United States v. DemkoSupreme Court of the United States · 1966
- Weyerhaeuser Steamship Co. v. United StatesSupreme Court of the United States · 1963
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3Cited by49 opinions
- Mathirampuzha v. PotterCourt of Appeals for the Second Circuit · 2008
- Mary E. Hammond, Individually and Mary E. Hammond as She is the of the Estate of Charles E. Hammond v. United StatesCourt of Appeals for the First Circuit · 1986
- John Michael Borneman v. United States of America, John Michael Borneman v. United StatesCourt of Appeals for the Fourth Circuit · 2000
- Scott A. Taber v. Robert S. Maine, and United States of AmericaCourt of Appeals for the Second Circuit · 1995
- Jacqueline and Salvadore A. Dipippa v. United StatesCourt of Appeals for the Third Circuit · 1982
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