DOE V. CUTTER BIOLOGICAL
852 F.SUPP. 909 (D. Idaho. 1994)
NATURE OF THE CASE: This was a product liability suit.
FACTS: P is a hemophiliac. P received a clotting agent known at Factor VIII. In December,
1991, P tested positive for HIV. P sued those providers of Factor VIII which were
administered to him between 1979 and 1985. The question of proof of liability for multiple
suppliers was addressed and certified to the Idaho Supreme Court; it refused to accept
certification. P then argued in the alternative that alternate liability, market share
liability, enterprise liability, and or concert of action would be applicable to the
question of causation in this case. D filed a motion for summary judgment as to the issue of
causation. The court then proceeded to analyze each of the theories of causation offered by
P to the facts of the case.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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