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KATZ v. CHILDREN'S HOSP. OF ORANGE COUNTY

No. 92-56393.

28 F.3d 1520 (1994)

Richard KATZ, Esq., As Guardian Ad Litem for S.S., a Minor, Plaintiff-Appellant, v. CHILDREN'S HOSPITAL OF ORANGE COUNTY; American Red Cross; Doe Blood Bank, and Does 1 through 100, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided June 29, 1994.

As Amended July 26, 1994.

Attorney(s) appearing for the Case

Martin M. Berman, Berman, Katz & Weiss, Encino, CA, for plaintiff-appellant.

Richard L. Hasen, Horvitz & Levy, Encino, CA, and Larry T. Pleiss, Madory, Booth, Zell & Pleiss, Tustin, CA, for defendant-appellee Children's Hosp. of Orange County.

Laurie A. Plessala, Arnold & Porter, Los Angeles, CA for defendant-appellee American Red Cross.

Before: D.W. NELSON, REINHARDT, and BRUNETTI, Circuit Judges.

D.W. NELSON, Circuit Judge:

In this case, we must decide a difficult question: under California law, at what point does a cause of action accrue, and what is the appropriate limitations period, for a medical malpractice action brought by a minor infected with the HIV virus?

Factual and Procedural Background

In December 1983, at the age of four years and three months, the appellant in this case, known as minor "S.S." ("Appellant"), received a blood...

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