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SAMSON v. GREENVILLE HOSPITAL SYSTEM

22970

297 S.C. 409 (1989)

377 S.E.2d 311

Helen Marianne SAMSON, Plaintiff v. The GREENVILLE HOSPITAL SYSTEM and The Carolina-Georgia Blood Center, Inc., Defendants. Russell Joseph SAMSON, Plaintiff v. The GREENVILLE HOSPITAL SYSTEM and The Carolina-Georgia Blood Center, Inc., Defendants, and Russell Joseph SAMSON, as Guardian ad Litem for Camaron Joseph Samson, a minor under the age of fourteen (14) years, Plaintiff v. The GREENVILLE HOSPITAL SYSTEM and The Carolina-Georgia Blood Center, Inc., Defendants.

Supreme Court of South Carolina.

Decided February 21, 1989.

Attorney(s) appearing for the Case

Michael Parham of Parham and Smith, Greenville, for plaintiffs.

G. Dewey Oxner, Jr., and Frances D. Ellison of Haynsworth, Marion, McKay & Guerard, Paul J. Foster, Jr., and Robert P. Foster of Foster, Gaddy and Foster, William M. Hagood, III of Love, Thornton, Arnold & Thomason, Greenville, and Steven J. Labensky of Lewis and Roca, Phoenix, Ariz., for defendants.

Submitted Oct. 25, 1988.

Decided Feb. 21, 1989.

Per Curiam:

Pursuant to Supreme Court Rule 46, we agreed to answer the question whether blood is a product for purposes of strict liability in light of S.C. Code Ann. § 44-43-10 (1985), South Carolina's "blood shield" statute. We hold that it is not.

FACTS

Plaintiffs allege that Helen Samson contracted the AIDS-related virus from a blood transfusion given to her while she...

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