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IN RE SWINE FLU IMMUNIZATION PRODUCTS, ETC.

Civ. A. No. 79-F-1714.

533 F.Supp. 586 (1981)

In re SWINE FLU IMMUNIZATION PRODUCTS LIABILITY LITIGATION. Dorothy Jean MONTOYA, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, D. Colorado.

November 19, 1981.

Attorney(s) appearing for the Case

Stephen N. Berkowitz, Lutz & Berkowitz and Gary Lozow, Lozow & Lozow, Denver, Colo., for plaintiff.

Jeffrey Axelrad, Director, Torts Branch, Civil Division, U. S. Dept. of Justice, Washington, D. C., Joseph F. Dolan, U. S. Atty., D. Colo., William C. Danks, Asst. U. S. Atty., Denver, Colo., for defendant.

MEMORANDUM OPINION AND ORDER

SHERMAN G. FINESILVER, District Judge:

Plaintiff, Dorothy Jean Montoya, brings this action against the United States of America alleging she contracted amyotrophic lateral sclerosis ("ALS")1 as a direct result of her swine flu inoculation.

This suit is brought under the Federal Tort Claims Act ("FTCA"), 28 U.S.C. §§ 1346(b), 2671 et seq.2 Mrs....

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