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NELSON v. UNITED STATES

No. C-80-239-W.

541 F.Supp. 816 (1982)

Lewis M. NELSON, Executor of the Estate of Ellen Finley Nelson, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, M. D. North Carolina, Wilkesboro Division.

June 30, 1982.

Attorney(s) appearing for the Case

W. H. McElwee and William C. Warden, Jr., of McElwee, Hall, McElwee & Cannon, North Wilkesboro, N. C., for plaintiff.

Paula Potoczak, Trial Atty., Torts Branch, Civ. Div., U. S. Dept. of Justice, Washington, D. C., for defendant.

MEMORANDUM OPINION AND ORDER

HIRAM H. WARD, District Judge.

On May 22, 1980, Ellen Finley Nelson filed an action in this Court under the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 1346(b), 2671-2680, and the National Swine Flu Immunization Program of 1976, 42 U.S.C. § 247b. In the Complaint Ellen Finley Nelson alleged that she received a swine flu vaccine inoculation on or about October 27, 1976, that soon thereafter the vaccine caused and...

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