In Re Swine Flu Immunization Products Liability Litigation. Linda Kenneda v. United States

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that a reasonable factfinder could determine that it was reasonable for the plaintiff not to make the connection between “relatively mild symptoms” and their cause
• holding that motions to dismiss for failure to file a timely FTCA administrative complaint are evaluated under the stricter standard of Rule 12(b)(1) rather than the more lax standard of 12(b)(6)
• declining to determine whether statute of limitations challenge to claim under the FTCA should be brought under Rule 12(b)(1) or Rule 12(b)(6)
• finding plaintiff satisfied duty to inquire into the cause of her injuries where she “eonsult[ed] several different doctors” who informed her that they did not know the cause of her problems
• “Because there is no evidence in the record to suggest that plaintiff did not conduct her inquiry in a reasonable manner, we hold that her submission-is sufficient for a reasonable factfinder to conclude that she satisfied her duty to inquire.”

Source: CourtListener parenthetical corpus (CC0).