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Torts Keyed to Underwood
Osborn v. Irwin Memorial Blood Bank
Citation:
5 Cal. App. 4th 234 (Cal. App. 1992)Facts
In 1982, three-week-old Michael Osborn contracted the aids virus from a blood transfusion in the course of surgery on his hear at the University of California at San Fran Medical Center. Qualified experts for the plaintiff claimed that the defendant Irwin’s blood testing and donor screening practices prior to Michael’s surgery were negligent for failure to perform certain tests on the blood in light of concerns about AIDS at the time. However, there was uncontradicted evidence that the defendant Irwin was doing as much if not more in the areas of testing and screening than any other blood bank in the country and there is no question that it followed accepted practices within the profession.
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