IN RE SWINE FLU PRODUCTS LIABILITY LITIGATION
764 F.2d 637 (9th Cir. 1985)
NATURE OF THE CASE: Sanborn (P) appeals the grant of summary judgment finding that P's
wrongful death claim was time-barred.
FACTS: P's wife was vaccinated under the National Swine Flu Immunization Program on or
about December 12, 1976. The United States suspended the immunization program on December
16, 1976, after reports in the medical literature indicated a link between the vaccine and
Guillain-Barre Syndrome, a rare neurological disease. Mrs. Sanborn died on January 4, 1977;
an autopsy did not reveal the cause of death. P took no steps to discover the cause of his
wife's death until August 1979, when he then read a magazine article describing a link
between the swine flu vaccination and GBS. In January 1980, he read a second article in his
local newspaper describing a suit brought by a woman who had allegedly contracted GBS after
receiving the swine flu vaccine. On May 2, 1980, P filed an administrative claim with the
U.S. Public Health Service; he subsequently brought suit in federal district court. The
district court dismissed P's claim in that it was barred by the FTCA's two-year statute of
limitations. The court also found that even if the medical malpractice 'discovery rule'
governed, P's claim was barred for failure to bring suit within two years of the time that
he knew, or in the exercise of reasonable diligence should have known, of his wife's
injuries and their cause. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
Get
free access to the entire content for Mac, PC or Online
for 2-3 days and free samples
of all kinds of products.
for 2-3 days and free samples of all kinds of products.
https://bsmsphd.com
© 2007-2016 Abn Study Partner
No comments:
Post a Comment