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O'GARA v. UNITED STATES

April 4, 1983

John P. O'GARA
v.
UNITED STATES of America



The opinion of the court was delivered by: NEWCOMER

 NEWCOMER, District Judge.

 Plaintiff, John O'Gara, seeks to recover for personal injuries which he alleges were caused by the swine flu vaccine. His claim arises under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b) & 2671, et seq., as incorporated by the National Swine Flu Immunization Program Act of 1976 ("Act"), 42 U.S.C. § 247b. The United States has assumed liability for all personal injuries or death arising from the administration of the swine flu vaccine.

 At a non-jury trial, two liability issues were presented to me as the trier of fact: (1) was plaintiff's condition Guillain-Barre Syndrome ("GBS"); and (2) if so, was it caused by the swine flu vaccine. I have concluded that, although plaintiff's disease was GBS, he has not proved that it is more likely than not that his illness was caused by the swine flu vaccine. The following constitute my findings of fact and conclusions of law, as required by F.R.C.P. 52(a).

 FINDINGS OF FACT

 1. The plaintiff, John P. O'Gara, is an individual who resides in the Commonwealth of Pennsylvania.

 2. The defendant is the United States of America.

 3. On November 19, 1976, plaintiff received the swine flu inoculation at Mercy Catholic Medical Center in Darby, Pennsylvania.

 4. At the time of the inoculation, plaintiff was employed at Mercy Catholic Medical Center as a staff accountant.

 5. On December 28, 1976, plaintiff was seen by his family physician, Dr. Basch, for a cold.

 6. On January 13, 1977, plaintiff was again seen by Dr. Basch for symptoms of nose bleeding and stomach upset.

 7. On March 16, 1977, plaintiff returned to Dr. Basch. Dr. Basch noted that plaintiff had fallen on the previous Friday (March 11, 1977). Symptoms noted were dizziness, sharp pains in the kneecap, calf, and palms of hands. Dr. Basch noted that plaintiff's knees would not hold him up and that he had tingling and numbness in his fingers.

 8. Plaintiff was admitted to the Mercy Catholic Medical Center as an in-patient from March 18, 1977 to March 31, 1977.

 9. An admission note of the Mercy Catholic Medical Center states that plaintiff had noted pain in his knees with numbness in distal parts of his lower extremities while cleaning a basement full of water on ...


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