Document 0035
 DOCN  M9480035
 TI    A review of transfusion-associated AIDS litigation: 1984 through 1993.
 DT    9410
 AU    Kern JM; Croy BB; San Francisco office of the law firm Crosby, Heafey,
       Roach & May,; California.
 SO    Transfusion. 1994 Jun;34(6):484-91. Unique Identifier : AIDSLINE
       MED/94295062
 AB    BACKGROUND: Since 1984, hundreds of lawsuits have been filed against
       health care providers in the United States, alleging transmission of
       human immunodeficiency virus by transfusion. While anecdotal reports of
       jury verdicts have been published, no quantitative study to identify
       trends in transfusion-associated AIDS litigation has been undertaken.
       STUDY DESIGN AND METHODS: To identify trends in lawsuits filed against
       health care providers alleging human immunodeficiency virus infection
       transmitted via transfusion, 163 legal actions were analyzed. Included
       were those for which the authors provided legal defense or consultation
       (n = 79) and cases reported nationally (n = 84). Cases were analyzed as
       to characteristics of defendant(s), date of transfusion and case filing,
       liability theories, and verdict, if applicable. RESULTS: Defendants were
       blood centers (74% of cases), hospitals (58%), and physicians (53%). Of
       physicians, surgeons were named in 78 percent of cases; 42 percent of
       these surgeons were cardiothoracic surgeons. Nationally, 14 cases have
       resulted in plaintiff awards totalling $75,420,798. Physicians have been
       liable for 41 percent of that sum, blood banks 31 percent, and hospitals
       26 percent. Of the 10 liability theories raised, the most frequent were
       claims of medical negligence (46% of cases), failure to identify
       high-risk donors (45%), lack of informed consent (39%), and failure to
       conduct surrogate testing (39%). Twenty-six trial results favorable to
       health care providers were noted nationally, 17 occurring in the San
       Francisco Bay Area, where case filings peaked before 1990 (40/56) and
       where new case filings decreased (1990, 5; 1991, 3; 1992, 1; 1993, 0) as
       verdicts favoring health care providers were reported. CONCLUSION:
       Transfusion-associated AIDS litigation began with verdicts against blood
       banks, but has expanded to suits against physicians and hospitals that
       are based on theories of medical negligence and informed consent.
       Despite widely publicized verdicts for plaintiffs, health care
       professionals have successfully defended these lawsuits, and in one
       center of early litigation, a sharp decrease in new case filings has
       been observed.
 DE    Acquired Immunodeficiency Syndrome/*TRANSMISSION  Blood Banks  Blood
       Donors  Blood Transfusion/*LEGISLATION & JURISPRUD  Hospitals  Human
       Informed Consent/LEGISLATION & JURISPRUD  *Liability, Legal/ECONOMICS
       Malpractice/LEGISLATION & JURISPRUD  Physicians  Surgery  JOURNAL
       ARTICLE

       SOURCE: National Library of Medicine.  NOTICE: This material may be
       protected by Copyright Law (Title 17, U.S.Code).