DOE v. AMERICAN NAT. RED CROSS

No. 92-2633-CQ.

176 Wis.2d 610 (1993)

500 N.W.2d 264

John DOE and Jane Doe, Plaintiffs-Appellants, v. AMERICAN NATIONAL RED CROSS, a corporation, Defendant-Appellee.

Supreme Court of Wisconsin.

Decided June 3, 1993.


Attorney(s) appearing for the Case

For the plaintiffs-appellants there were briefs by Joseph Becker, John P. Stuber, Bridget Rabb and Sauer, Becker, Flanagan & Lynch, Ltd., LaCrosse and Maureen Reidy Witt, A. Bruce Jones, Steven C. Choquette, Carlos A. Samour and Holland & Hart, of counsel, Denver, Colorado and oral argument by Joseph Becker and Maureen Reidy Witt.

For the defendant-appellee there was a brief by Donald K. Schott and Quarles & Brady, Madison and Jacqueline R. Denning, Julia L. Erickson and Arnold & Porter and Edward L. Wolf, of counsel, Washington, D.C. and oral argument by Donald K. Schott and Jacqueline R. Denning.


JON P. WILCOX, J.

This is a certification of a question of law from the United States Court of Appeals for the Seventh Circuit, pursuant to sec. 821.01, Stats. The question certified for our determination is:

Whether a blood bank, sued in negligence for failing properly to screen donors and test blood or blood products, is "a person who is a health care provider" within the meaning of the Wisconsin medical malpractice statute of limitations, Wis. Stat. Ann...

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