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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK

JOSEPH DIPAOLO, an Infant,
by CAROL DIPAOLO, his
guardian ad litem, JAMES
DIPAOLO and CAROL DIPAOLO,
individually and in their
own right,

 Plaintiffs,

 v--

THE GREATER NEW YORK BLOOD
CENTER/AMERICAN RED CROSS;
RICHARD GOLINKO, M.D.;
RANDALL GRIEPP, M.D.; and
ARISAN ERGIN, M.D.,

     Defendants.


COMPLAINT AND
JURY DEMAND



The plaintiffs, Joseph DiPaolo, an infant, and Carol

DiPaolo and James DiPaolo, by their attorney, Dennis J.

Drasco, Esq., complaining of the defendants, allege:

    1.    The plaintiff, Joseph DiPaolo, is an infant under

the age of 18 years and was the age of 11 years on

October 12, 1990.

    2.   This action is brought on behalf of the infant,

Joseph DiPaolo, by his mother and the guardian of his

property, Carol DiPaolo, a parent having legal custody

residing with the infant.



JURISDICTION AND VENUE

    3.   Plaintiff Joseph DiPaolo is a resident of the

State of New York having residence at 1321 East 57th Street,

Brooklyn, Kings County, New York.

    4.   Plaintiffs, James DiPaolo and Carol DiPaolo, the

parents of Joseph DiPaolo, reside together with him at 1321

East 57th Street, Brooklyn, Kings County, New York.

    5.   Defendant, Greater New York Blood Center/American

Red Cross  (hereinafter  "Blood Center''),  is incorporated

under the laws of the State of New York and has a principal

place of business at 310 East 67th Street, New York, New

York.

    6.   At all times mentioned herein,  the defendant

Richard Golinko, M.D., was a duly licensed and practicing

physician of the State of New York holding himself out as a

specialist in the fields of pediatrics and pediatric

cardiology, with offices at Mount Sinai Medical Center, 1

Gustave Levy Place, New York, New York.

    7.   At all times mentioned herein,  the defendant

Randall Griepp, M.D., was a duly licensed and practicing

physician of the State of New York holding himself out as a

specialist in the field of pediatrics and pediatric

cardiology, with offices at Mount Sinai Medical Center, 1

Gustave Levy Place, New York, New York.


    8.   At all times mentioned herein,  the defendant

Arisan Ergin, M.D.,  was a duly licensed and practicing

physician of the State of New York holding himself out as a

specialist in the field of cardiac surgery, with offices at

Mount Sinai Medical Center, 1 Gustave Levy Place, New York,

New York.

    9.   The amount of controversy exceeds the sum of

$25,000.00.  By reason thereof, venue is properly placed in

the Supreme Court of New York, County of New York.

FIRST COUNT

 (Negligence -- The Greater New York Blood Center)

    1.   Plaintiffs  adopt  and incorporate herein all

previous paragraphs as if fully stated in this Count.

     2. In or about May 1984, plaintiff Joseph DiPaolo was

admitted to SUNY a/k/a Downstate Medical Center (hereinafter

"Downstate" ), for the purposes of undergoing surgery to

correct a congenital heart defect. At said time,

DiPaolo was four years old.

     3.   During and/or subsequent to this surgery, Joseph

DiPaolo required blood transfusions of blood and blood

components which were administered by Downstate by and

through its employees, agents, servants, and/or independent

contractors acting for the benefit of and in furtherance of

Downstate's interest and in the scope of their employment

thereby.

4.   One or more of the blood components transfused to

Joseph DiPaolo was contaminated with the Human Immunodefi-

ciency Virus (HIV), the virus responsible for transmitting

the Acquired Immunodeficiency Syndrome, commonly known as

AIDS.

    5.   According to plaintiffs'  knowledge,  information

and belief,  the contaminated blood transfused to Joseph

DiPaolo was obtained by Downstate from the Blood Center.

    6.   At all times mentioned herein, it was the duty of

defendant Blood Center to obtain blood for transfusions

which was safe and free from contamination by toxic sub-

stances, to test such blood appropriately for contaminants,

including HIV, to utilize "surrogate markers" for hepatitis

B-core antibody, to procure said blood from sources which

adequately screened potential donors, to exclude persons in

"high risk" groups or who engaged in "high risk activities,"

and to provide a "directed donation" program whereby speci-

fic donated blood could be targeted for particular recipi-

ents.

    7.   As a direct and proximate result, Joseph DiPaolo

became infected with the Human Immunodeficiency Virus (HIV)

and will in all certainty develop full-blown AIDS, a disease

which is lethal and has no known cure.

    8.   As a further direct and proximate result, Joseph

DiPaolo was and is required to undergo hospital, medical,

nursing and experimental treatment, suffered and continues

to suffer great physical pain and anguish, severe emotional

and psychological trauma and great emotional pain and suf-

fering, lost wages, a shortened life expectancy and loss of

the ability to enjoy the normal functions of life.

    WHEREFORE, the plaintiff Joseph DiPaolo, by his guar-

dian ad litem, demands judgment on the First Count of the

Complaint against the defendant Blood Center for damages

together with interest, costs of suit and attorney's fees

and other further relief as the Court may deem just and

appropriate.

      SECOND COUNT

(Negligence -- Richard Golinko, M.D.,

Randall Griepp, M.D., Arisan Ergin, M.D.)

    1.   Plaintiffs repeat and reallege each and every

allegation contained in the First and Second Counts of the

within Complaint as if fully set forth at length herein.

    2.   In or about May 1984, plaintiff Joseph DiPaolo was

admitted to Downstate for the purpose of undergoing surgery

to correct a congenital heart defect.  The heart defect was

not life-threatening, and the surgery was deferrable.

    3.   Joseph DiPaolo placed himself under the care of

defendants Dr. Richard Golinko, Dr. Randall Griepp and Dr.

Arisan Ergin.

4.   The aforesaid physicians were under a duty to

provide for or recommend that Joseph DiPaolo's surgery be

deferred until a test was available to screen for the

presence of the antibody to the AIDS virus.

    5.   The aforesaid physicians were under a further duty

to provide for and advise that directed blood donations be

permitted for Joseph DiPaolo's surgery.

    6.   Notwithstanding said duties and in breach thereof,

the physicians did not provide for or recommend that Joseph

DiPaolo's surgery be deferred, and did not provide for and

advise that directed donations be permitted.

    7.   As a direct and proximate result, the plaintiff

Joseph DiPaolo suffered damages as described and particu-

larly in paragraphs 17 and 18 of the First Count of this

Complaint.

    WHEREFORE,  the plaintiff  Joseph DiPaolo,  by his

guardian ad litem, demands judgment on the Second Count of

the Complaint against the defendants Golinko, Griepp and

Ergin,  jointly and severally,  for damages together with

interest, costs of suit and attorney's fees and other

further relief as the Court may deem just and appropriate.

      THIRD COUNT

      (Lack of Informed Consent -- Richard Golinko, M.D.,

Randall Griepp, M.D. and Arisan Ergin, M.D.)

    1.   Plaintiffs  repeat and allege each and every

allegation contained in the First and Second Count of this

Complaint as if fully set forth at length herein.

    2.   At all times mentioned herein, it was the duty of

defendants Golinko, Griepp and Ergin to disclose to him and

his parents information concerning the potential risks and

hazards of blood transfusions such that a prudent person in

Joseph DiPaolo's position and his parents would have been

suitably informed of all the material risks involved, to

advise of the alternatives to homologous transfusions such

as directed donations, and to defer such surgery until the

blood supply could be tested for the presence of the anti-

body of the AIDS virus, thereby affording Joseph DiPaolo and

his parents the opportunity to make an informed consent.

    3.   Notwithstanding said duties and in breach thereof,

the defendants Golinko, Griepp and Ergin failed to obtain

the plaintiffs' full and informed consent.

    4. As a direct and proximate result, the defendant

Joseph DiPaolo suffered damages as described with particu-

larity in paragraphs 17 and 18 of the First Count of this

Complaint.


WHEREFORE,  the plaintiff,  Joseph DiPaolo,  by his

guardian ad litem, demands judgment on the Third Count of

the Complaint against the defendants Golinko, Griepp and

Ergin,  jointly and severally,  for damages together with

interest,  costs of suit and attorney's fees and other

further relief as the Court may deem just and appropriate.

FOURTH COUNT

    1.   Plaintiffs repeat and reallege each and every

allegation contained in the First, Second and Third Counts

of this Complaint as if fully set forth at length herein.

    2.   As  a direct and proximate result of Joseph

DiPaolo's infection with HIV, plaintiffs James and Carol

DiPaolo, the parents of Joseph DiPaolo, are liable and/or

otherwise responsible for and pay for hospital, nursing,

medical and other expenses incurred on behalf of Joseph

DiPaolo.

    3.   As a further direct and proximate result of the

aforesaid  negligence  and  vicarious  liability  of  the

defendants, which resulted in Joseph DiPaolo's infection

with HIV, plaintiffs James and Carol DiPaolo are caused to

suffer the loss of companionship and services of their son

and are caused to provide services, assistance and treatment

to him and are caused to expend substantial sums of money

for his treatment and are denied the benefit of his income

and are caused to suffer severe emotional and psychological

trauma and did and will in the future endure great emotional

pain and suffering.

WHEREFORE, the plaintiff Joseph DiPaolo, by his guar-

dian ad litem, demands judgment on the Fourth Count of the

Complaint against the defendants Blood Center, Golinko,

Griepp and Ergin, jointly and severally, for damages, and

punitive damages, together with interest, costs of suit and

attorney's fees and other further relief as the Court may deem

 just and appropriate.

JURY DEMAND

Plaintiffs hereby demand trial by jury as to all issues.



DATED:    New York, New York, December 27, 1990




 LUM, HOENS, CONANT, DANZIS & KLEINBERG
5 Hanover Square
New York, New York 10004
[phone]
Attorneys for Plaintiffs

By: /s/
Dennis J. Drasco
A Member of the Firm

OF COUNSEL:

Robert K. Jenner
Freeman & Richardson, P.A.
4'550 Montgomery Avenue
Suite 760N
Bethesda, Maryland 20814
[phone]