Louis H. Manko, Appellee/cross-Appellant v. United States of America, Appellant/cross-Appellee

ARNOLD, Circuit Judge.

This is an action brought by Louis H. Manko against the United States under the Swine Flu Act of 1976, Pub.L. 94-380, 90 Stat. 1113, originally codified as 42 U.S.C. § 247b(j) et seq. 1 The Swine Flu Act established a national program of immunization for a disease popularly known as swine flu. In order to induce private companies to manufacture the needed vaccine, the United States stepped into the shoes of the manufacturer, so to speak, and assumed all liability for damages, incorporating as a remedy the provisions of the Federal Tort Claims Act, 28 U.S.C. § 1346(b).…