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Torts keyed to Best
Osborn v. Irwin Memorial Blood Bank
Citation:
7 Cal. Rptr. 2d 101 (Ct. App. Cal. 1992)Facts
Michael Osborn, a three-week old baby, was diagnosed with AIDS in 1983 after he received a blood transfusion at the University of California at San Francisco Medical Center (Medical Center). It was later determined that Osborn had received HIV-positive blood that the medical center received from Irwin Memorial Blood Bank (Irwin).
Osborn’s parents filed suit against the medical center and Irwin. At the trial, the two parties provided opposing witnesses. The Osborns provided a witness that testified that the medical center and the blood bank had the ability to access HIV tests for its blood. On the other hand, Irwin provided a witness stating that the practice of not testing blood for HIV was a widely-practiced professional standard around the country. A jury found for the Osborns, and Irwin motioned for and received a judgment notwithstanding the verdict. The Osborns appealed.
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