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KIPP v. U.S.

No. 95-2453.

88 F.3d 681 (1996)

Gary KIPP, individually and as Personal Representative on behalf of the Estate of Cheryl D. Kipp, Appellant, v. UNITED STATES of America, by and through its agencies; The United States Air Force; The United States Army; The Armed Services Whole Blood Processing Lab, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided July 12, 1996.

Rehearing Denied September 12, 1996.

Attorney(s) appearing for the Case

Larry R. Demerath, argued, Valley, NE, for appellant.

William G. Cole, Dept. of Justice, argued, Washington, DC (Mark B. Stern and Jennifer H. Zacks, Dept. of Justice), for appellees.

Before BEAM and MORRIS SHEPPARD ARNOLD, Circuit Judges, and JONES, District Judge.

BEAM, Circuit Judge.

Gary Kipp (Kipp) appeals the district court's1 order granting judgment to the government on his negligence claims in which he sought to recover damages for the death of his mother (Cheryl Kipp) due to a blood transfusion contaminated with the human immunodeficiency virus (HIV). Because Kipp failed to prove causation, a required element of his negligence claims, we affirm.

I. BACKGROUND

Kipp brought...

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