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LUNG v. UNITED STATES

No. 79 C 3144.

535 F.Supp. 100 (1982)

Mary Lee LUNG, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, E. D. New York.

March 9, 1982.

Attorney(s) appearing for the Case

Gair, Gair & Conason, New York City, for plaintiff.

Robert L. Begleiter, Asst. U. S. Atty., Brooklyn, N. Y., for the U. S.

MEMORANDUM OF DECISION

GEORGE C. PRATT, District Judge:

Plaintiff brought this action to recover for injuries claimed to have been caused by a swine flu vaccine administered to her on November 10, 1976 as part of the national swine flu immunization program. Jurisdiction is not disputed. 28 U.S.C. § 1346(b) and 42 U.S.C. § 247(b).

Upon consent of the parties the court ordered that the issue of causation be tried separately. To that end,...

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