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BENEDICT v. U.S.

No. 86-3400.

822 F.2d 1426 (1987)

Virginia BENEDICT and Leonard Benedict, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided July 8, 1987.

Attorney(s) appearing for the Case

Robert A. Marcis, argued, Spangenberg, Shibley, Traci & Lancione, Cleveland, Ohio, for plaintiffs-appellants.

Patrick McLaughlin, argued, Arthur I. Harris, Cleveland, Ohio, for defendant-appellee.

Before ENGEL and GUY, Circuit Judges, and PECK, Senior Circuit Judge.

JOHN W. PECK, Senior Circuit Judge.

In May 1978 Virginia and Leonard Benedict filed a complaint against the United States under the Federal Tort Claims Act, 28 U.S.C. § 2671 et seq., and the National Swine Flu Immunization Program of 1976, 42 U.S.C. § 247b(k)(2)(A), alleging that a swine flu vaccination administered pursuant to a federal program caused Mrs. Benedict to contract Guillain-Barre Syndrome (GBS). After a bench trial in early 1986 the district...

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