F. H. Harries and Aileen Harries v. United

In this action against the United States, F. H. Harries and his wife seek damages for loss sustained when Harries contracted encephalitis following a border smallpox vaccination administered by employees of the United States. Plaintiffs predicated liability on the asserted failure of border officials to advise Harries that the vaccination might cause him to contract encephalitis and that, instead of submitting to vaccination, he could have insisted upon the alternatives of isolation or surveillance. Plaintiffs also alleged in their complaint that the United States breached an implied warranty that the vaccination would not cause Harries to contract encephalitis.