Katherine ROYER, Personal Representative of the Estate of Kevin D. Royer, Appellant,
v.
MILES LABORATORY, INC., a Delaware Corporation, and the State of Oregon, Respondents.
Court of Appeals of Oregon.https://leagle.com/images/logo.png
Argued and Submitted February 13, 1991.
Decided May 15, 1991.
Attorney(s) appearing for the Case
Kathryn H. Clarke, Portland, argued the cause for appellant. With her on the briefs was Richard P. Noble, P.C., Lake Oswego.
Geoffrey R.W. Smith, Washington, D.C., argued the cause for respondent Miles Laboratory, Inc. With him on the brief were Albert W. Shay and McDermott, Will & Emery, Washington, D.C., Mildred J. Carmack and Schwabe, Williamson, Wyatt, Portland, and Duncan Barr, Deborah H. Leibman and O'Conner, Cohn, Dillon & Barr, San Francisco, Cal.
Jas. Adams, Asst. Atty. Gen., Salem, argued the cause for respondent State. With him on the brief were Dave Frohnmayer, Atty. Gen. and Virginia L. Linder, Sol. Gen., Salem.
Before WARREN, P.J., and RIGGS and EDMONDS, JJ.
Court of Appeals of Oregon.
WARREN, Presiding Judge.
Plaintiff is a hemophiliac who alleges that he was infected with hepatitis and AIDS by a blood product called Koate.1 Defendant Miles Laboratory, Inc. (Miles) manufactured the product, and defendant State of Oregon, through the Oregon Health Sciences Hemophilia Center, sold it to him. Plaintiff's complaint alleged that Miles was negligent and that both defendants are strictly liable. Both defendants moved to dismiss...
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