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HOEMKE v. NEW YORK BLOOD CENTER

No. 1362, Docket 90-7182.

912 F.2d 550 (1990)

Andree Walton HOEMKE, Plaintiff-Appellant, v. NEW YORK BLOOD CENTER, New York Hospital-Cornell Medical Center, John Rodman, John McGovern, Thomas McGovern, and John Coleman, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided August 24, 1990.

Attorney(s) appearing for the Case

Robert S. Smith, New York City, (Peter D.C. Mason, Paul, Weiss, Rifkind, Wharton & Garrison, of counsel), V. Elizabeth Grayson, San Francisco, Cal., for plaintiff-appellant.

Roger K. Solymosy, New York City (Neil Brody, on the brief, Killarney Brody & Fabiani, of counsel), for defendant-appellee New York Blood Center.

Barbara D. Goldberg, New York City (Kathleen M. Beck, Martin, Clearwater & Bell, of counsel), for defendant-appellee New York Hosp.-Cornell Medical Center.

Jan Marcantonio, New York City, (Nancy E. Delaney, Curtis, Mallet-Provost, Colt & Mosle, of counsel), for defendants-appellees John McGovern and John Coleman.

Before OAKES, Chief Judge, PIERCE and PRATT, Circuit Judges.

OAKES, Chief Judge:

This tragic case involves the contraction of the AIDS virus by appellant Andree Walton Hoemke as a result of a blood transfusion she received in November 1981. In Hoemke's negligence and malpractice action against various defendants involved in the transfusion, the United States District Court for the Southern District of New York, Richard Owen, Judge, granted summary judgment to the New York Blood Center and to the individual physicians who had...

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