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LOGE v. UNITED STATES

No. 80-1886.

662 F.2d 1268 (1981)

Lora E. LOGE and Roger S. Loge, Plaintiffs/Appellants, v. UNITED STATES of America and unknown employees of the Department of Health, Education, and Welfare, Defendants/Appellees.

United States Court of Appeals, Eighth Circuit.

Decided November 6, 1981.

Attorney(s) appearing for the Case

Walter S. Kyle, Fort Lauderdale, Fla., for plaintiffs/appellants.

Thomas S. Martin, Acting Asst. Atty. Gen., Washington, D. C., Larry R. McCord, U. S. Atty., Fort Smith, Ark., Robert Greenspan, Katherine Gruenheck, argued, Attys., Civ. Div., Dept. of Justice, Washington, D. C., for defendants/appellees.

Before ROSS and ARNOLD, Circuit Judges, and HANSON, Senior District Judge.

HANSON, Senior District Judge.

Lora Loge contracted paralytic polio after her infant son was inoculated with a trivalent, live, oral poliovirus vaccine trade named Orimune. She and her husband sued the United States and unknown employees of the Department of Health, Education, and Welfare1 (HEW) under the Federal Tort Claims Act2 (FTCA) and the Constitution alleging...

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