Osborn v. Irwin Memorial Blood Bank
California Court of Appeal
7 Cal. Rptr. 2d 101 (1992)
Relevant factsFree
Michael Osborn contracted HIV from a 1983 blood transfusion supplied by Irwin, and while the Osborns' expert testified Irwin's screening practices, including the absence of anti-HBc testing, were negligent given nationwide AIDS concerns at the time, Irwin's experts testified its practices matched those of blood banks nationwide, and the jury nonetheless found for the Osborns before the trial court granted Irwin's motion for judgment notwithstanding the verdict.
IssueFree
Whether a blood bank that failed to perform blood testing and screening for HIV/AIDS in 1983 is liable for professional negligence when such tests were not accepted practice for blood banks in the profession nationwide.