Katz ex rel. S.S. v. Children's Hospital of Orange County

In this ease, we must decide a difficult question: under California law, at what point does a cause of action accrue, and what is the appropriate limitations period, for a medical malpractice action brought by a minor infected "with the HIV virus?

Factual and Procedural Background

In December 1983, at the age of four years and three months, the appellant in this case, known as minor “S.S.” (“Appellant”), received a blood transfusion at the Children’s Hospital of Orange County (“Children’s Hospital”). The blood had been supplied by the American Red Cross (“the Red Cross”). On or about August 18, 1988, when Appellant was almost nine years old, a blood test revealed that he had been infected with the HIV virus. The record in this case contains no other details concerning Appellant’s medical history. On June 25,1991, two years and ten months later, Appellant served a notice of intention to institute a suit for “medical malpractice” against the Red Cross pursuant to California Code of Civil Procedure section 364. 1 A complaint was filed in the Superior Court of Orange County on October 7, 1991, naming as defendants the Red Cross, Children’s Hospital, and several as of yet unnamed…