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M9480035.TXT
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Document 0035
DOCN M9480035
TI A review of transfusion-associated AIDS litigation: 1984 through 1993.
DT 9410
AU Kern JM; Croy BB; San Francisco office of the law firm Crosby, Heafey,
Roach & May,; California.
SO Transfusion. 1994 Jun;34(6):484-91. Unique Identifier : AIDSLINE
MED/94295062
AB BACKGROUND: Since 1984, hundreds of lawsuits have been filed against
health care providers in the United States, alleging transmission of
human immunodeficiency virus by transfusion. While anecdotal reports of
jury verdicts have been published, no quantitative study to identify
trends in transfusion-associated AIDS litigation has been undertaken.
STUDY DESIGN AND METHODS: To identify trends in lawsuits filed against
health care providers alleging human immunodeficiency virus infection
transmitted via transfusion, 163 legal actions were analyzed. Included
were those for which the authors provided legal defense or consultation
(n = 79) and cases reported nationally (n = 84). Cases were analyzed as
to characteristics of defendant(s), date of transfusion and case filing,
liability theories, and verdict, if applicable. RESULTS: Defendants were
blood centers (74% of cases), hospitals (58%), and physicians (53%). Of
physicians, surgeons were named in 78 percent of cases; 42 percent of
these surgeons were cardiothoracic surgeons. Nationally, 14 cases have
resulted in plaintiff awards totalling $75,420,798. Physicians have been
liable for 41 percent of that sum, blood banks 31 percent, and hospitals
26 percent. Of the 10 liability theories raised, the most frequent were
claims of medical negligence (46% of cases), failure to identify
high-risk donors (45%), lack of informed consent (39%), and failure to
conduct surrogate testing (39%). Twenty-six trial results favorable to
health care providers were noted nationally, 17 occurring in the San
Francisco Bay Area, where case filings peaked before 1990 (40/56) and
where new case filings decreased (1990, 5; 1991, 3; 1992, 1; 1993, 0) as
verdicts favoring health care providers were reported. CONCLUSION:
Transfusion-associated AIDS litigation began with verdicts against blood
banks, but has expanded to suits against physicians and hospitals that
are based on theories of medical negligence and informed consent.
Despite widely publicized verdicts for plaintiffs, health care
professionals have successfully defended these lawsuits, and in one
center of early litigation, a sharp decrease in new case filings has
been observed.
DE Acquired Immunodeficiency Syndrome/*TRANSMISSION Blood Banks Blood
Donors Blood Transfusion/*LEGISLATION & JURISPRUD Hospitals Human
Informed Consent/LEGISLATION & JURISPRUD *Liability, Legal/ECONOMICS
Malpractice/LEGISLATION & JURISPRUD Physicians Surgery JOURNAL
ARTICLE
SOURCE: National Library of Medicine. NOTICE: This material may be
protected by Copyright Law (Title 17, U.S.Code).