Spann

In October of 1984 Sherrie Spann received an infusion of more than 130 units of blood plasma and platelets as treatment for a life-threatening blood disease known as thrombotic thrombocytopenic purpura (TTP). Although the treatment regimen was apparently successful, Ms. Spann contracted human immunodeficiency virus (HIV) from the infused blood products; she died in May of 1990 from complications due to acquired immune deficiency syndrome (AIDS).

Ms. Spann’s husband, Douglas Spann, sued the Kaiser Foundation Hospital (Kaiser), the Permanente Medical Group, Inc. (Permanente), Irwin Memorial Blood Centers of the San Francisco Medical Society, Inc., and the San Francisco Medical Society (Irwin), for the wrongful death of his wife. The trial court granted a motion to compel arbitration and to stay the action with respect to Kaiser and Permanente. However, the court permitted Mr. Spann to pursue his lawsuit against Irwin on his causes of action for professional negligence and failure to obtain informed consent.

Irwin subsequently filed a motion for summary judgment. The trial court granted the motion as to Mr. Spann’s cause of action for professional negligence. Mr. Spann…