Smith v. United States

MEMORANDUM OPINION

H. FRANKLIN WATERS, Chief Judge.

Introduction

Plaintiff, Joyce Carolyn Smith, brought this action under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2671 et seq., seeking damages allegedly resulting from Mrs. Smith’s receipt of a swine flu inoculation during the immunization program undertaken by the federal government in the National Swine Flu Immunization Program of 1976, 42 U.S.C. § 247b(jHi), Pub.L. No. 94-380, 90 Stat. 1113 (1976) (amended 1978) [hereinafter Swine Flu Act]. Specifically, Mrs. Smith contends that she contracted Guillain-Barre Syndrome (GBS) as a…