IN RE SWINE FLU IMMUNIZATION PROD. LIABILITY LIT.

No. 88-5100.

880 F.2d 1439 (1989)

In re SWINE FLU IMMUNIZATION PRODUCTS LIABILITY LITIGATION. Linda KENNEDA, Appellant, v. UNITED STATES of America.

United States Court of Appeals, District of Columbia Circuit.

Decided August 8, 1989.


Attorney(s) appearing for the Case

David W. Johnson, for appellant.

Jeffrey Axelrad, Dept. of Justice, with whom John R. Bolton and Laura D. Millman, Dept. of Justice, Washington, D.C., were on the brief, for appellee.

Before MIKVA, SILBERMAN, and D.H. GINSBURG, Circuit Judges.


Opinion for the Court filed by Circuit Judge D.H. GINSBURG.

D.H. GINSBURG, Circuit Judge:

The district court dismissed plaintiff Linda Sue Kenneda's Federal Tort Claims Act complaint on the ground that she had not filed her administrative claim within two years from the time her cause of action accrued, as required by the Act, 28 U.S.C. § 2401(b). The district court rejected plaintiff's argument that the "discovery rule" operated to preserve her claim...

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