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JONES v. WYETH LABORATORIES, INC.

No. 78-1238.

583 F.2d 1070 (1978)

Ivo JONES, Appellant, v. WYETH LABORATORIES, INC., a Foreign Corporation, Parke, Davis & Company, a Foreign Corporation, Merck, Sharpe & Dohme Orthopedics, Inc., a Foreign Corporation, Merrill National, a Foreign Corporation, and the United States of America, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided September 20, 1978.

Attorney(s) appearing for the Case

Gene Stipe of Stipe, Gossett, Stipe & Harper, Oklahoma City, Okl., for appellant; Sam Sexton, Jr., Fort Smith, Ark., on brief.

W. Russell Welsh, Atty., Civ. Div., Dept. of Justice, Washington, D. C., for appellee; Barbara Allen Babcock, Asst. Atty. Gen., Washington, D. C., Larry R. McCord, U. S. Atty., Fort Smith, Ark., and Jeffrey Axelrad, Washington, D. C., on brief.

Before HEANEY and STEPHENSON, Circuit Judges, and HANSON, Senior District Judge.

PER CURIAM.

Ivo Jones commenced this action against four manufacturers of the swine flu vaccine, seeking damages for personal injuries allegedly caused by a swine flu innoculation 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...

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