Hasler V. United States

This appeal consolidates two aspects of a personal injury suit against the federal government for damages allegedly resulting from the plaintiff's inoculation with swine flu vaccine. Kathleen and Michael Hasler sued the United States pursuant to the Federal Tort Claims Act, U.S.C. §§ 1346(b), 2671, et seq., in conjunction with the Swine Flu Program Act of 1976, 42 U.S.C. § 247b (1976). The district court found the United States liable under Michigan tort law and assessed damages against the government of $1.5 million for Mrs. Hasler's injuries and $50,000 for Mr. Hasler's derivative claim. Hasler v. United States, 517 F. Supp. 1262 (E.D. Mich. 1981). The government appeals. In a second order, the court awarded the Haslers four percent per annum interest on the judgment pursuant to 28 U.S.C. § 2411(b). The Haslers appeal this determination.