Riley v. Becton Dickson Vascular Access, Inc.

913 F. Supp. 879 (1995)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

P was working in the hospital's intensive care unit when a patient unfamiliar to her was admitted on an emergency basis from the hospital's out-patient clinic. P had no information about the patient's history but was specifically instructed to observe 'blood and body fluid precautions' and to initiate an I.V. P got an Angiocath manufactured by D to take the blood. This was the only type of I.V. catheter available to her. When she removed the needle from the catheter and was preparing to dispose of the needle the patient's left arm moved. P reacted to his movement by moving her hand, and the needle penetrated her left palm. P was immediately given an HIV blood test to establish a baseline and subsequently tested negative for the virus twice. A third test revealed that she had contracted HIV from the needle stick more than six months before. P has been on available medication since May 1993 and was transferred from patient care to another job in the hospital until she stopped working due to her illness. P sued D claiming that D was strictly liable because the Angiocath had a defective design and an alternate design in which the needle is retracted into a plastic sheath when it is withdrawn would have prevented the harm to her and was economically and technically feasible.