Jones v. Wyeth Laboratories, Inc.

Ivo Jones commenced this action against four manufacturers of the swine flu vaccine, seeking damages for personal injuries allegedly caused by a swine flu innoeulation that had been administered to him. Pursuant to 42 U.S.C. § 247b(k),1 the District Court permitted the United States to substitute itself as a defendant in the lawsuit. The court granted the government’s motion to dismiss Jones’s action based upon his failure to exhaust administrative remedies.

42 U.S.C. § 247b(k)(2)(A) provides that claims arising under the Swine Flu Act are governed by the procedures of the Federal Tort Claims…