Smith v. Cutter Biological

911 F.2d 374 Prod.Liab.Rep.(CCH)P 12,571 John SMITH, Plaintiff-Appellant, v. CUTTER BIOLOGICAL, INC., A DIVISION OF MILES INC., Miles Laboratories, Inc., Travenol Laboratories, Inc., Armour Pharmaceutical Corporation, Alpha Therapeutics Corporation, and United States of America, Defendants-Appellees. No. 89-15839. United States Court of Appeals, Ninth Circuit. Aug. 24, 1990. 1 Appeal from the United States District Court for the District of Hawaii; Samuel P. King, District Judge Presiding. 2 Before NELSON and TROTT, Circuit Judges, and TASHIMA, District Judge. * ORDER CERTIFIED QUESTIONS 3 John Smith appeals the grant of summary judgment in favor of the manufacturers of a blood clotting product, Factor VIII, and in favor of the United States. Smith claims that he acquired AIDS from manufacturer-appellees' products. The district court found that appellant could not prevail on his claims as a matter of law. We certify several questions of state law to the Hawaii Supreme Court. BACKGROUND 4 Appellant John Smith is a hemophiliac who has tested positive for the AIDS virus. He receives a clotting agent known as Factor VIII from Tripler Army Medical Center (TAMC). Factor VIII enables the…