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STICH v. UNITED STATES

No. 83-5343.

730 F.2d 115 (1984)

Ernest STICH and Miriam Stich, Appellants, v. UNITED STATES of America.

United States Court of Appeals, Third Circuit.

Decided March 19, 1984.

Rehearing and Rehearing Denied April 23, 1984.

Attorney(s) appearing for the Case

Robert P. Casey (argued), Constance B. Foster, Alexandra D. Sandler, Dilworth, Paxson, Kalish & Kauffman, Philadelphia, Pa., Louis J. Bizzarri (argued), Asst. U.S. Atty., W. Hunt Dumont, U.S. Atty., Trenton, N.J., for appellee.

Dennis A. Drazin, Thomas J. DiChiara, John R. Connelly, Jr., Drazin & Warshaw, P.A., Red Bank, N.J., for appellants.

Before HUNTER and WEIS, Circuit Judges, and DUMBAULD, District Judge.

Rehearing and Rehearing In Banc Denied April 23, 1984.

OPINION OF THE COURT

JAMES HUNTER, III, Circuit Judge:

This case arose from the campaign of the United States to inoculate its population against the Swine Influenza virus. Nine days after receiving a Swine Flu vaccination, Miriam Stich ("Mrs. Stich") became seriously ill. Claiming that she had contracted Guillian-Barre Syndrome ("GBS") or some other disease causally related to the Swine Flu...

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