DOE v. AMERICAN NAT. RED CROSS

Nos. 95-16658, 95-16764.

112 F.3d 1048 (1997)

Jane DOE, for and on behalf of herself, surviving spouse, and on behalf of the surviving children, A Doe, B Doe, and C Doe, of decedent John Doe, and independently as representative of the Estate of John Doe, and as the Representative of Plaintiff Classes of Persons similarly situated, Plaintiffs-Appellants, v. AMERICAN NATIONAL RED CROSS, a foreign corporation; United Blood Services, a division of Blood Systems, Inc., a foreign corporation; Council of Community Blood Centers, a foreign corporation; the University of Arizona; S. Gerald Sandler, M.D., Alfred Katz, M.D., and Roger Dodd, M.D., in their individual and official capacities, Defendants-Appellees. Jane DOE, for and on behalf of herself, surviving spouse, and on behalf of the surviving children, A Doe, B Doe, and C Doe, of decedent John Doe, and independently as representative of the Estate of John Doe, and as the Representative of Plaintiff Classes of Persons similarly situated, Plaintiffs-Appellees, v. AMERICAN NATIONAL RED CROSS, Defendant-Appellee, and United States of America, Appellant, and Dennis Donohue, M.D., in his individual and official capacities, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided May 2, 1997.


Attorney(s) appearing for the Case

J. Patrick Butler, Tucson, AZ, and Roy G. Spece, Jr. and Rose Marie Ibanez, Ibanez & Wilkinson, for plaintiffs-appellants/cross-appellees.

Ellen K. Wheeler, Tucson, AZ, for defendant-appellee Council of Community Blood Centers.

Joseph E. Mais, Brown & Bain, Phoenix, AZ, and Tracy L. Merritt and William H. Forman, Los Angeles, CA, for defendant-appellee American Red Cross.

Tom Manning, San Francisco, CA, and Christopher J. Smith, Chandler, Tullar, Udall & Redhair, Tucson, AZ, for American Association of Blood Banks.

Nikki Calvano, United States Department of Justice, Washington, D.C., for appellant United States.

Barbara L. Herwig, Richard A. Olderman, United States Department of Justice, Washington, D.C., for defendant-appellant Dr. Dennis Donohue.

Foster Robberson, Lewis & Roca, Phoenix, AZ, for Amicus Curiae Blood Systems, Inc.

Before: FLETCHER and FERGUSON, Circuit Judges, and KING, District Judge.


SAMUEL P. KING, District Judge:

Plaintiff/appellant/cross-appellee Jane Doe ("Doe" or "Appellant") appeals the decision of the district court, granting Defendant/appellee/cross-appellant Dr. Dennis Donohue's ("Donohue" or "Appellee") motion to dismiss based on Donohue's qualified immunity. Doe filed suit against Donohue, then-director of the United States Food and Drug Administration's ("FDA") Division of Blood and Blood Products, and others, alleging common law negligence...

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