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BAKER v. UNITED STATES

No. 86-5578.

817 F.2d 560 (1987)

Wade BAKER and Rita Baker, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided May 18, 1987.

Attorney(s) appearing for the Case

James D. Crosby, San Diego, Cal., for plaintiffs-appellants.

Kathryn A. Snyder, Asst. U.S. Atty., argued, Peter K. Nunez, U.S. Atty., Karen M. Shichman and Kathryn A. Snyder, Asst. U.S. Attys., on the briefs, San Diego, Cal., for defendant-appellee.

Before SNEED and SCHROEDER, Circuit Judges, and MARQUEZ, District Judge.

SNEED, Circuit Judge:

Appellants, Wade Baker and Rita Baker, brought this action against the United States under the provisions of the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 1346(b), 2671-80. The appellants allege that Wade Baker's contraction of poliomyelitis was caused by the negligence of the United States Department of Health, Education and Welfare (HEW),1 which had licensed the vaccine in question for marketing by...

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