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ROE v. MILES LABORATORIES, INC.

No. A89-098 Civ.

740 F.Supp. 740 (1989)

James ROE, Plaintiff, v. MILES LABORATORIES, INC.; The Oregon Health Sciences University; and Everett W. Lovrien, M.D., Defendants.

United States District Court, D. Alaska.

December 4, 1989.

Attorney(s) appearing for the Case

Mark E. Wilkerson, David G. Stebing, Guess & Rudd, Anchorage, Alaska, and Robert K. Jenner, Freeman & Richardson, Bethesda, Md., for plaintiff.

Sigurd E. Murphy, Hughes, Thorsness, Gantz, Powell & Brundin, Anchorage, Alaska, for defendant Miles Laboratories, Inc.

George N. Hayes, Robert L. Eastaugh, Delaney, Wiles, Hayes, Reitman & Brubaker, Inc., Anchorage, Alaska, and Dave Frohnmayer and Rodney K. Norton, Dept. of Justice, Salem, Or., for defendants Oregon Health Sciences University and Everett W. Lovrien, M.D.

ORDER

HOLLAND, Chief Judge.

(Dismissal Granted)

Under the trade name "Koate", defendant Miles Laboratories marketed the clotting component of human blood. Through a process called "fractionation", "Factor VIII" (the clotting substance) is extracted from donated human blood of various individuals. It is now known that the process by which Koate was manufactured did not eradicate or exclude from this product the virus or viruses which can give rise...

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