October 8, 1976. As one who has specialized and enjoys special and unique expertise in the diagnosis and treatment of human peripheral nerve diseases, his opinion is entitled to great weight. Moreover, his impartial approach, with allegiance, loyalty and obligation to neither party, lends additional weight to his opinion and conclusions.
Accordingly, the following constitute our findings of fact and conclusions of law, as required by F.R.C.P. 52(a).
FINDINGS OF FACT
1. Verna V. Croll, plaintiff's decedent, received a Swine Flu vaccination on October 8, 1976.
2. Decedent was 67 years of age at the time she received her Swine Flu vaccination.
3. Previous to her vaccination, decedent had a history of hypertension of fifteen years duration and had received intermittent treatment for hypertensive vascular disease and acute phlebitis.
4. After receiving the Swine Flu vaccination, decedent made a visit to her family physician, Dr. J. P. Slovak, on December 1, 1976. Dr. Slovak measured decedent's blood pressure, pulse and respiration and continued her prescription for Lasix, a diuretic.
5. On December 1, 1976, decedent reported to Dr. Slovak that "she had vaginal bleeding one day", for which he referred her to a gynecologist, Dr. George Scheers.
6. On January 13, 1977, decedent made an office visit to Dr. Scheers, who did not mention the existence of any neurological signs, symptoms, or complaints in his notes of examination.
7. On January 18, 1977, decedent was admitted to St. Joseph's Hospital in Hazleton, Pennsylvania, "because of a single episode of vaginal bleeding which occurred on November 27, 1976, and lasted for only 1 day."
8. Upon physical examination on admission to St. Joseph's Hospital on January 18, 1977, it was reported with reference to decedent's musculo-skeletal system: "None contributory".
9. Decedent's nervous system was described: "No past history of paralysis or convulsion".
10. Decedent's extremities were said to be: "Normal; reflexes are physiological".
11. On January 19, 1977, decedent was taken to the operating room where a pelvic examination under anesthesis was done, a dilatation and curettage was performed and an endocervical polypectomy was completed.
12. The pathology report from the January 19, 1977, surgery confirmed an adenocarcinoma of the endometrium.
13. On January 20, 1977, it was reported that "Patient has no complaints and is ambulatory, afebrile and is doing well".
14. On January 21, 1977, decedent was returned to the operating room where she was again placed under general anesthesia and an "intra-uterine radium application" was carried out.
15. On January 23, 1977, it was reported that decedent was "Afebrile and doing well. Offers no complaints with radium in place".
16. On January 23, 1977, the radium implant was removed and decedent was discharged from St. Joseph's Hospital on January 27, 1977.
17. Nowhere in the three pages of doctor's progress notes or nine pages of nurses' notes made during decedent's hospitalization at St. Joseph's Hospital from January 18-27, 1977, is there any entry that would indicate or suggest that decedent experienced any neurological signs or symptoms during this hospitalization.
18. While in St. Joseph's Hospital, on January 25, 1977, decedent was seen in consultation by Dr. Herman Auerbach, who reported:
On system review she has burning 1/2 hr. after meals and uses a great deal of Maalox. She has had no other significant past history, and no complaint of (sic) system review.