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DOE v. MILES LABORATORIES, INC.

No. 90-2605.

927 F.2d 187 (1991)

Jane DOE; John Doe, Plaintiffs-Appellants, v. MILES LABORATORIES, INC., CUTTER LABORATORIES DIVISION, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided March 7, 1991.

Attorney(s) appearing for the Case

Robert K. Jenner, Freeman & Richardson, P.A., Bethesda, Md., for plaintiffs-appellants; Martin H. Freeman, Bethesda, Md., on brief.

Charles Padgett Goodell, Jr., Goodell, Devries, Leech & Gray, Baltimore, Md., and Duncan Barr, O'Connor, Cohn, Dillon & Barr, San Francisco, Cal., for defendant-appellee; Thomas J. Cullen, Jr., Baltimore, Md., Christopher W. Bayuk, San Francisco, Cal., Geoffrey R.W. Smith, John R. Reese, David Rosenberg-Wohl, McCutchen, Doyle, Brown & Enersen, Washington, D.C., Adrien L. Ringuette, William J. Hammes, Miles Laboratories, Inc., Elkhart, Ind., on brief.

Before WIDENER and MURNAGHAN, Circuit Judges, and SMITH, Senior Circuit Judge for the Federal Circuit, sitting by designation.

EDWARD S. SMITH, Senior Circuit Judge:

INTRODUCTION

Appellants, Jane and John Doe, filed a product liability action against Miles Laboratories, Inc. for manufacturing a blood product which allegedly transmitted the AIDS virus to Jane Doe. Appellants assert that appellee is subject to strict liability in tort and negligence liability. The district court, after certifying the strict liability in tort issue to the Maryland Court of Appeals, granted summary...

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