Grant v. American National Red Cross

Grant (plaintiff) contracted hepatitis C from one of five blood transfusions received during 1982 heart surgery, at a time before the hepatitis C virus had even been isolated or a specific test developed; the only available screening proxy (ALT testing) would have missed 70% of non-A, non-B hepatitis carriers while falsely flagging up to 30% of healthy donors, and the Red Cross (defendant) did not use it. Grant sued for negligent failure to screen using ALT testing, conceding he could not show the Red Cross's omission was more likely than not the cause of his infection, but arguing the lost chance of a 30% reduced risk itself created a triable causation issue; the trial court granted the Red Cross summary judgment.