Palermo v. LifeLink Foundation Inc.
Court of Appeals of Mississippi
152 So.3d 1177 (2014)
Palermo (plaintiff) developed a knee infection after surgery using a human tendon graft supplied by LifeLink (defendant), though tests showed no bacteria in the tissue before or after surgery; he sued for strict products liability and negligence, and LifeLink's expert testified it followed all FDA and industry regulations for testing, packaging, and shipping the tissue, while Palermo's own expert conceded LifeLink was a good company that complied with FDA regulations. The trial court granted LifeLink summary judgment on both claims.
Whether almost all jurisdictions have blood-shield laws that prohibit strict products liability claims for providing human blood or tissue for medical purposes.