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GAUL v. UNITED STATES

Civ. A. No. 80-251-WKS.

582 F.Supp. 1122 (1984)

Mary Rose B. GAUL and Milton Gaul, her husband, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court, D. Delaware.

March 9, 1984.

Attorney(s) appearing for the Case

Ben T. Castle, Young, Conaway, Stargatt & Taylor, Wilmington, Del., Stanley M. Shingles, Philadelphia, Pa., for plaintiffs.

Joseph J. Farnan, Jr., U.S. Atty., Wilmington, Del., J. Paul McGrath, Asst. Atty. Gen., Jeffrey Axelrad, Torts Branch, Mary Ann Murphy, Civ. Div., U.S. Dept. of Justice, Washington, D.C., for defendant.

OPINION

STAPLETON, Chief Judge.

Anticipating an outbreak of swine flu in 1976, the federal government undertook a massive immunization effort through the National Influenza Immunization Program of 1976, 42 U.S.C. § 247b(j)(1) (hereinafter the Swine Flu Act). To encourage pharmaceutical companies to supply the vaccine, Congress relieved the companies of liability for injuries resulting from its use. It made the federal government liable in the companies...

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