DOE v. AMER. RED CROSS BLOOD SERVS., S.C. REGION

22977

297 S.C. 430 (1989)

377 S.E.2d 323

Jane DOE, Plaintiff-Appellant v. AMERICAN RED CROSS BLOOD SERVICES, S.C. REGION, Defendant-Appellee. John DOE, Plaintiff-Appellant v. AMERICAN RED CROSS BLOOD SERVICES, S.C. REGION, Defendant-Appellee.

Supreme Court of South Carolina.

Decided February 21, 1989.


Attorney(s) appearing for the Case

Charles L. Henshaw, Jr., of Law Offices of O. Fayrell Furr, Jr., P.A., and Benjamin M. Mabry, of Cromer & Mabry, Columbia, for plaintiffs-appellants.

David E. Dukes and Stephen G. Morrison, of Nelson, Mullins, Riley & Scarborough, Columbia; Bruce M. Chadwick and Edward L. Wolf, of Arnold & Porter, Washington, D.C., for defendant-appellee. of counsel: Karen Shoos Lipton, of American Red Cross, Washington, D.C.

Harold W. Jacobs, of Nexsen, Pruet, Jacobs & Pollard, Columbia, and David E. Willett, of Hassard, Bonnington, Rogers & Huber, San Francisco, Cal., amicus curiae for American Association of Blood Banks.

Heyward E. McDonald, of McDonald, McKenzie, Fuller, Rubin and Miller, Columbia, amicus curiae for United Way of South Carolina and United Way of the Midlands.

Steven Labensky and Janet Napolitano, of Lewis and Roca, Phoenix, Ariz., and Donald V. Richardson, II, of Richardson, Plowden, Grier and Howser, Columbia, amicus curiae for Council of Community Blood Centers.

Jeter E. Rhodes, Jr., of Whaley, McCutchen, Blanton & Rhodes, Columbia, amicus curiae for South Carolina Medical Ass'n.


Heard Oct. 31, 1988.

Decided Feb. 21, 1989.

Per Curiam:

Pursuant to Supreme Court Rule 46, we agreed to answer four questions certified by the Honorable Clyde H. Hamilton, United States District Court for the District of South Carolina. The questions presented to this court by Judge Hamilton are as follows:

(1) Does South Carolina recognize a separate standard of care for professionals under which generally recognized and accepted practices...

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