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HEIRS OF FRUGE v. BLOOD SERVICES

No. 74-1615.

506 F.2d 841 (1975)

HEIRS OF Ude C. FRUGE et al., Plaintiffs-Appellants, v. BLOOD SERVICES and Aetna Casualty & Surety Company, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

January 17, 1975.

Attorney(s) appearing for the Case

J. Michael Morrow, J. Winston Ardoin, Eunice, La., Gary Boland, Baton Rouge, La., for plaintiffs-appellants.

Richard C. Meaux, Lafayette, La., for Blood Services and others.

Douglas L. Irish, Phoenix, Ariz., for defendants-appellees.

Before TUTTLE, RONEY and GEE, Circuit Judges.

TUTTLE, Circuit Judge:

The question presented by this appeal is whether the plaintiffs-appellants, the children and sole heirs of Mrs. Ude C. Fruge, have a cause of action under Louisiana law against the supplier of blood used in a transfusion that allegedly caused their mother's death.

Mrs. Fruge, a 75-year-old widow, entered Moosa Memorial Hospital in Eunice, Louisiana, in March of 1970. On July 25, 1970, she was supplied with whole blood by the defendant...

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