Reisner

The day after 12-year-old Jennifer Lawson received a transfusion, her doctor discovered the blood was contaminated with HIV antibodies. Although the same doctor continued to treat Jennifer, he never told her or her parents about the tainted blood. Three years later, Jennifer started dating Daniel Reisner and they became intimate. Two years later, the doctor told Jennifer she had AIDS and Jennifer told Daniel. A month later, Jennifer died. Shortly thereafter, Daniel discovered he was HIV positive. Daniel sued Jennifer’s doctor and others for negligence. The defendants moved for judgment on the pleadings, claiming they owed no duty to Daniel, an unidentified third person. The motion was granted. We reverse.

Facts

On April 18,1985, during surgery performed at the UCLA Medical Center by Jennifer’s physician, Eric Fonklesrud, M.D., Jennifer received blood and plasma transfusions. The next day, Dr. Fonklesrud and UCLA learned the blood given to Jennifer was contaminated with human immunodeficiency virus (HIV) antibodies and the donor of the blood was notified — but neither Dr. Fonklesrud nor UCLA told Jennifer or her parents about the contaminated blood, either at that time…