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BERKOVITZ BY BERKOVITZ v. U.S.

No. 86-3444.

822 F.2d 1322 (1987)

Kevan BERKOVITZ, a minor by his parents and natural guardians Arthur BERKOVITZ, his wife, Donna Berkovitz, and Arthur Berkovitz and Donna Berkovitz, in their own right, v. UNITED STATES of America, Appellant.

United States Court of Appeals, Third Circuit.

Decided June 30, 1987.

Rehearing and Rehearing Denied July 22, 1987.

Attorney(s) appearing for the Case

Richard K. Willard, Asst. Atty. Gen., J. Alan Johnson, U.S. Atty., Nanette R. Everson (argued), Special Counsel, John F. Cordes, Atty., Civ. Div., U.S. Dept. of Justice; Ann H. Wion, Associate Chief Counsel for Enforcement, Food and Drug Admin., Rockville, Md., of counsel, for appellant.

Daniel M. Berger, Ellen M. Viakley (argued), Berger Kapetan Malakoff & Meyers, P.C., Pittsburgh, Pa., Stanley P. Kops, Walter Kyle, Adler and Kops, Philadelphia, Pa., for appellees.

Before HIGGINBOTHAM and SLOVITER, Circuit Judges, and ROTH, District Judge.

Rehearing and Rehearing In Banc Denied July 22, 1987.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

I.

Issue

In Griffin v. United States, 500 F.2d 1059 (3d Cir.1974), this court held that a suit alleging negligence on the part of the Division of Biologic Standards (DBS) in approving for production and distribution a polio vaccine which subsequently caused the plaintiff's paralysis...

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