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JONES v. WYETH LABORATORIES, INC.

No. 77-2059.

457 F.Supp. 35 (1978)

Ivo JONES, Plaintiff, v. WYETH LABORATORIES, INC., a Foreign Corporation, Parke, Davis & Company, a Foreign Corporation, Merck, Sharpe & Dohme Orthopedics, Inc., a Foreign Corporation, and Merrill National, a Foreign Corporation, Defendants.

United States District Court, W. D. Arkansas, Fort Smith Division.

February 2, 1978.

Attorney(s) appearing for the Case

Sam Sexton, Jr., Fort Smith, Ark., Gene Stipe, Stipe, Gossett, Stipe & Harper, McAlester, Okl., for plaintiff.

Larry R. McCord, U. S. Atty., Fort Smith, Ark., Russell L. Welsh, Torts Section, Civil Div., Dept. of Justice, Washington, D. C., for defendant, United States.

MEMORANDUM OPINION

PAUL X WILLIAMS, Chief Judge.

This case arises from the United States swine flu inoculation program of 1976. The plaintiff, Ivo Jones seeks damages from the four manufacturers of the vaccine as compensation for the personal injuries he asserts were proximately caused by his inoculation on October 28, 1976. This Court has subject matter jurisdiction pursuant to 28 U.S.C. § 1332.

The United States has filed a motion to substitute...

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