KYNASTON v. UNITED STATES

No. 82-2082.

717 F.2d 506 (1983)

Della Fuit KYNASTON, as personal representative of the estate of Alden Kynaston, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

September 16, 1983.


Attorney(s) appearing for the Case

George E. Mangan, Roosevelt, Utah (Marden G. Dixon and Al Baker of Marden G. Dixon, P.C., Provo, Utah, with him on the brief), for plaintiff-appellant.

Ralph Johnson, Asst. U.S. Atty., Salt Lake City, Utah (Brent D. Ward, U.S. Atty., and Lawrence J. Leigh, Asst. U.S. Atty., Salt Lake City, Utah, with him on the brief), for defendant-appellee.

Before BARRETT, McKAY and LOGAN, Circuit Judges.


BARRETT, Circuit Judge.

Della Fuit Kynaston appeals from the district court's grant of summary judgment in favor of the United States, appellee. After finding that appellant's husband, Alden Kynaston, contracted Guillain-Barre Syndrome (GBS) from a swine flu vaccination he received as part of a government sponsored immunization program, the court awarded recovery of $868.81.1 The court based its judgment on Utah's survival statute, Utah...

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