WELDON v. U.S.

No. 924, Docket 94-6084.

70 F.3d 1 (1995)

Irene WELDON, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided November 3, 1995.


Attorney(s) appearing for the Case

Peter M. Hartnett, Syracuse, NY (Hartnett Law Office, Syracuse, NY), for Plaintiff-Appellant Irene Weldon.

Alfred R. Mollin, Attorney, Civil Division, Department of Justice, Washington, DC (Christopher F. Droney, U.S. Atty. for the District of Connecticut; William Kanter, Attorney, Civil Division, Department of Justice, Washington, DC; Frank W. Hunger, Assistant Attorney General for the State of NY), for Defendant-Appellee.

Before: MAHONEY, WALKER, and CABRANES, Circuit Judges.


WALKER, Circuit Judge:

Plaintiff-appellant Irene Weldon, who became ill after receiving a swine flu vaccination, brought a personal injury suit against the United States pursuant to the Federal Tort Claims Act ("FTCA"), 28 U.S.C. § 2671 et seq., and the National Swine Flu Immunization Program of 1976 ("Swine Flu Act"), originally codified as 42 U.S.C. § 247b(j)-(l) (1976).1 Weldon v. United States,

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