Poole v. Alpha Therapeutic Corporation

696 F. Supp. 351 (1988)

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Nature of the Case

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Facts

P was a hemophiliac. From 1974 to 1987, P purchased and internally injected an antihemophilic factor known as factor VIII. D comprises the complete market of manufacturers, processors, marketers, and distributors from which P purchased factor VIII over his lifetime. P contracted AIDS. P died in 1987. P’s estate sued Ds for negligence in that Ds solicited blood from donors from a high-risk segment of the population, they failed to perform screening, and heat-treating tests and they failed to warn P of factor VIII risks. P asserts that from 1982 to 1985 Ds solicited donors known to have a high risk of contracting AIDS without informing P of this risk and that they marketed improperly-treated factor VIII products, despite the fact that they knew that these products could lead to the contraction of AIDS. P asserts that he 'cannot identify with certainty the manufacturer or manufacturers that marketed Factor responsible for the AIDS virus transmitted to P. P sought leave to amend the complaint to state theories of liability based on market share, concerted action, and alternative liability.