Marietta ADVINCULA, Appellee,
v.
UNITED BLOOD SERVICES, Appellant.
Supreme Court of Illinois.https://leagle.com/images/logo.png
December 19, 1996.
Rehearing Denied April 24, 1997.
Attorney(s) appearing for the Case
Jerold S. Solovy, Michael T. Brody, Barry Levenstam and Jeralyn H. Baran, of Jenner & Block, Chicago (Foster Robberson, of Lewis & Roca, Phoenix, AZ, of counsel), for appellant.
Margaret Byrne and Judith E. Fors, of Chicago, and Maureen R. Witt, Elizabeth A. Phelan and Carlos A. Samour of Holland & Hart, Denver, CO, for appellee.
Kimball R. Anderson and Hurd Baruch, of Winston & Strawn, Chicago, for amicus curiae Abbott Laboratories.
Steven H. Kuh, P.C., of Chicago (Philip D. Schiff and John Paul Barber, Bethesda, Maryland, of counsel), for amicus curiae American Association of Blood Banks.
Douglas F. Fuson, Sara J. Gourley and Susan A. Weber, of Sidley & Austin, Chicago, for amicus curiae American Blood Resources Association.
Ronald L. Lipinski, of Seyfarth, Shaw, Fairweather & Geraldson, Chicago (David P. Gersch, M. Sean Laane and Charles W. Scarborough, of Arnold & Porter, Washington, D.C., and Edward L. Wolf, Arlington, VA, of counsel), for amicus curiae American National Red Cross.
Pamela A. Liapakis and Jeffrey Robert White, Washington, D.C., for amicus curiae Association of Trial Lawyers of America.
Bruce R. Pfaff, of Bruce R. Pfaff & Associates, Ltd., and Robert B. Patterson, Chicago, for amicus curiae Illinois Trial Lawyers Association.
Supreme Court of Illinois.
Justice FREEMAN delivered the opinion of the court:
This case primarily concerns the standard of care under section 3 of the Blood and Organ Transaction Liability Act (Blood Shield Act) (Ill.Rev.Stat.1983, ch. 111½, par. 5101 et seq.), against which the conduct of a nonprofit blood bank charged with negligence in collecting whole blood contaminated with the human immunodeficiency virus (HIV) must be measured.
Plaintiff, Marietta Advincula, as the...
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