Wilson

Wilson v. Irwin Memorial Blood Bank

Good Law
14 Cal. App. 4th 1315·18 Cal. Rptr. 2d 517·1993 Cal. App. LEXIS 375·93 Daily Journal DAR 4526·93 Cal. Daily Op. Serv. 2667
Court of Appeal of CaliforniaApril 9, 1993A054946California5,774 words

Opinion

Opinion

Perley, J.

In Osborn v. Irwin Memorial Blood Bank (1992) 5 Cal.App.4th 234, 271 [ 7 Cal.Rptr.2d 101 ], we held that a blood bank sued for negligent failure to safeguard its blood supply is subject to a professional standard of care. Thus, if negligent failure to prevent transmission of the AIDS virus is alleged, it must be shown that the blood bank failed to exercise the degree of care ordinarily exercised by other blood banks under similar circumstances. (Id., at p. 272.) In Osborn, we found no substantial evidence that the blood testing performed by Irwin Memorial Blood Bank in February of 1983 fell below this standard of care. We reach the same conclusion in this case with respect to Irwin’s blood testing practices in November of 1983, and we therefore affirm the judgment for Irwin on appellant’s claim of negligence.

I.

Appellant Cynthia Wilson contracted the AIDS virus in November of 1983 from a transfusion of blood supplied by Irwin. Appellant sued Irwin for medical negligence, alleging that Irwin had failed to adequately safeguard its blood in light of the risks associated with AIDS. In November of 1983 the cause of AIDS had not yet been identified and there was no test for…

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