home
***
CD-ROM
|
disk
|
FTP
|
other
***
search
/
HIV AIDS Resource Guide
/
HIV-AIDS Resource Guide.iso
/
STAT
/
CASES
/
CRAN-APL.ASC
< prev
next >
Wrap
Text File
|
1993-01-14
|
7KB
|
155 lines
/* This case is reported in 581 So.2d 593 (Fla.App. 2 Dist.
1991). In this case, a blood bank seeks to be exonerated on
summary judgment since it tested the blood supplied to the
plaintiff and the tests were negative. The court finds that a
trial is appropriate since whether the blood product was properly
tested, and whether donors were properly screened remained as
issues for trial. This is one of the first posting-test
availability cases regarding contaminated blood. */
Marie CRANDALL, as Personal Repressentative of the Estate of
Harry Crandall, Sr., Deceased, Appellant,
v.
SOUTHWEST FLORIDA BLOOD BANK, INC., a Florida non-profit
corporation, Appellee.
District Court of Appeal of Florida, Second District.
Jan. 25,1991.
Rehearing Denied March 25, 1991.
PARKER, Judge.
Marie Crandall, as personal representative for the estate of her
deceased husband, appeals a final summary judgment entered in
favor of Southwest Florida Blood Bank, Inc. (the Blood Bank) and
against the appellant upon her claim that her husband died of
AIDS as a result of a transfusion of blood supplied by the Blood
Bank. We reverse.
In April 1987, Harry Crandall, Sr., the appellant's husband,
received during surgery ten units of blood obtained from the
Blood Bank. Mr. Crandall died in January 1988. The autopsy report
prepared by Dr. S.J. Agosti, M.D., and supervised by Dr. J.U.
Balis, in part, stated:
This patient died from clinically unsuspected Pneumocystis
carinii pneumonia related to HIV infection. The most probable
means by which the patient was infected by HIV was from blood
products received when he underwent a coronary artery bypass
operation in 4/87.
[1] Mr. Crandall's estate sought recovery against the Blood Bank
on the theories of breach of implied warranty of merchantability,
breach of implied warranty of fitness, and negligence. The Blood
Bank filed a motion for summary judgment. In support of that
motion, the Blood Bank filed the affidavit of German F. Leparc,
M.D., vice-president of Medical Affairs and Medical Director of
the Blood Bank, the depositions of Drs. Agosti and Balis, and the
affidavit of Ronald E. Domen, M.D., Chief of the Blood Bank at
the hospital where the 1987 surgery on Mr. Crandall had been
performed. Dr. Leparc's affidavit stated in part:
Each unit transmitted to the James A. Haley Veteran's
Administration Hospital and reportedly transfused to Harry
Crandall, Sr. was tested and found non-reactive for anti-HIV. A
non-reactive test means that the donor has no evidence of past
exposure to HIV.
[S]outhwest Florida Blood Bank has had occasion to further test
the blood of each of the donors who donated the blood that was
transfused to Mr. Crandall. These donors have been tested at
various times.... Each ... have continued to test nonreactively
for anti-HIV... [t]hese tests and their results are conclusive
evidence that Mr. Crandall did not contract acquired immune
deficiency syndrome from blood units supplied by Southwest
Florida Blood Bank and transfused to Mr. Crandall on or about
April 29,1987.
In his deposition, Dr. Agosti specifically stated that his
autopsy report was based upon the information that he had at that
time. However, when specifically asked to assume that every donor
responsible for the blood transfused to Mr. Crandall in 1987
continued to be healthy and HIV negative, he stated that it would
not be within reasonable medical probability that the blood was
the source of the infection. Dr. Balis, a Board Certified
Pathologist, testified that a follow-up test which showed that
the donors were still testing seronegative would disprove the HIV
causation possibility which was stated in the autopsy report.
Dr. Balis was personally familiar with the blood screening done
by the Blood Bank and testified that their procedures are
adequate and consistent with the standards prevailing in the
blood banking industry throughout the United States.
The estate filed the affidavits of the appellant Mark Crandall,
Mr. Crandall's son, and the affidavit of Bruce O. Schieneman,
M.D. in opposition to the Blood Bank's motion. The affidavits
from the family members stated that Mr. Crandall was not of
Haitian descent, did not use intravenous drugs, was not a
homosexual, and did not have homosexual contacts. The appellant's
affidavit also stated Mr. Crandall had been impotent for the last
ten years of his life and that the only blood transfusions which
Mr. Crandall had received in the last ten years were from the
Blood Bank.
Dr. Schieneman's affidavit reflected that he had reviewed all the
affidavits and the depositions in the court record, including the
deposition of German Leparc, M.D., all of the donor
questionnaires and donor records of the Blood Bank, and the
autopsy report. Dr. Schieneman's affidavit stated that following
his review of these court documents, there was no other
pathologic condition in Crandall's medical history which would
give rise to an immunodeficiency state leading to pneumocystis
carinii pneumonia, and that the only risk factor of exposure to
HIV virus would be from one or more of the donated blood units
used during the 1987 surgery. Dr. Schieneman further found that
the donor questionnaire form given to the Crandall donors by the
Blood Bank was inadequate in that it failed to seek information
of recent illnesses consistent with the presence of HIV virus
infection. In Dr. Schieneman's opinion, the donor questionnaire
should have, but did not, inquire whether or not any of the
donors had a recent medical history of fever, skin eruption,
aching joints and muscles, weakness, lymph gland enlargement,
sore throat, gastrointestinal symptoms, headache, or sensitivity
to light. It is Dr. Schieneman's opinion that such questions
should have been incorporated in the Blood Bank's educational and
donor questionnaire forms in order to give appropriate protection
against HIV transmission through the blood supply.
[2-4] In reviewing motions for summary judgment, if there is
even the slightest doubt as to the existence or nonexistence of a
genuine issue of material fact, such issue must be resolved
against the party moving for the summary judgment. Burroughs
Corp. v. American Druggists' Ins. Co., 450 So.2d 540 (Fla. 2d DCA
1984). Even when the facts are uncontroverted, the entry of a
summary judgment is erroneous if different inferences can be
drawn reasonably from the facts. Staniszeski v. Walker, 550 So.2d
19 (Fla. 2d DCA 1989). When the defendant moves for summary
judgment, neither the trial court nor this court determines
whether the plaintiff can prove her case; our function solely is
to determine whether the pleadings, depositions, and affidavits
conclusively show that the plaintiff cannot prove her case.
Williams v. Florida Realty & Management Co., 272 So.2d 176 (Fla.
3d DCA 1973).
Based upon the contrary opinions reached by Dr. Schieneman
and the medical experts for the Blood Bank, we cannot conclude
that the Blood Bank has sustained its burden required to uphold
this summary disposition. We therefore reverse the final summary
judgment entered in favor of the Blood Bank and remand for
proceedings consistent with this opinion.
Reversed and remanded.
RYDER, A.C.J., and FRANK, J., concur.