Osborn v. Irwin Memorial Blood Bank

7 Cal. Rptr. 2d 101 (1992)

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Nature of the Case

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Facts

In February of 1983, at the age of three weeks, Michael (P) contracted AIDS from a blood transfusion during surgery on his heart. D supplied the blood. Paul and Mary, the parents, sued D, and the Hospital for damages. Hospital’s motion to dismiss was granted. The case went to trial against D. Experts for Ps contended that D was negligent in not performing an anti-HBc test on its donors. The cause of AIDS was unknown, and there was no test for it at the time. D presented evidence that its practices were consistent with blood banks around the country at that time. The cause of action for negligent misrepresentation was based on a statement to Ps by D's receptionist that blood donations could not be earmarked for use in Michael's (P) operation. D offered to prove that Michael (P) had a rare blood type and hence could not have received any blood from members of his family. D also wanted to show that friends of the family who had agreed to donate for Michael (P) could have provided only a small fraction of the rare blood he needed. The jury gave the verdict to P, but the trial court granted D’s motion for judgment notwithstanding the verdict on the issue of negligence. Ps appealed. Michael (D) died during the appeal.