DOE V. CUTTER BIOLOGICAL, INC.
971 F.2d 375 (9th Cir. 1992)
NATURE OF THE CASE: Doe (P) challenged a summary judgment for Cutter (Ds) in Ps' actions
to recover damage for their infection with the AIDS virus resulting from the use of infected
clotting agent.
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. P was uncertain as to which manufacturer provided
TAMC so Ps brought suit against all four manufacturers of the agent. They also sued the
United States for negligence and for breach of its duty to warn Ps while they were treated
at TAMC. Appellants originally filed suit in Hawaii state court; their cases were
subsequently removed to federal district court. The district court granted summary judgment
in favor of Ds. The district court held that because Ps could not identify exactly which
manufacturers' product had caused their infection, under Hawaii law they could not bring a
negligence suit. Ps appealed and filed motions requesting that the Ninth Circuit certify two
questions of law to the Hawaii Supreme Court pursuant to Haw. R. App. P. 13.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
Get
free access to the entire content for Mac, PC or Online
for 2-3 days and free samples
of all kinds of products.
for 2-3 days and free samples of all kinds of products.
https://bsmsphd.com
© 2007-2016 Abn Study Partner
No comments:
Post a Comment