N.N.V., a Minor, etc., Plaintiff and Appellant,
v.
AMERICAN ASSOCIATION OF BLOOD BANKS, Defendant and Appellant;
Raquel Lugo, Defendant and Respondent.
Court of Appeals of California, Fourth District, Division One.https://leagle.com/images/logo.png
October 28, 1999.
Review Denied January 19, 2000.
Attorney(s) appearing for the Case
Carney, Williams, Blackburn & Appleby, Carney, Williams, Blackburn, Appleby, Brewick & Maharry, Carney, Appleby & Brewick, James W. Carney, Des Moines, IA; Higgs, Fletcher & Mack and John Morris, San Diego, for Plaintiff and Appellant.
Charles Bond & Associates, Charles M. Marx, Berkeley, Claudia J. Martin, San Mateo; Bond, Gamma & Associates, Charles Bond; O'Connor, Cohn, Dillon & Barr, Duncan Barr, Lisa Ungerer and Dexter Louie, San Francisco, for Defendant, Respondent and Cross-Appellant American Association of Blood Banks.
Jenner & Block, Jerald A. Jacobs, Robert M. Portman, Washington, DC, Jeffrey T. Shaw; Catherine I. Hanson, San Francisco; and Thomas W. Greeson, Reston, VA, for California Medical Association, American College of Radiology, American Medical Association, American College of Surgeons, College of American Pathologists, American Association of Tissue Banks, American Society of Association Executives and National Fire Protection Association as Amici Curiae on behalf of Defendant, Respondent and Cross-Appellant American Association of Blood Banks.
Hinshaw & Culbertson, Russell S. Roeca, San Francisco, Thomas K. Berg, Minneapolis, MN, and Thomas J. Barrett, Washington, DC, for National Marrow Donor Program as Amicus Curiae on behalf of Defendant, Respondent and Cross-Appellant American Association of Blood Banks.
Neil, Dymott, Perkins, Brown & Frank, Sheila S. Trexler, Hugh A. McCabe and Craig T. Mann, San Diego, for Defendant and Respondent Raquel V. Lugo.
Court of Appeals of California, Fourth District, Division One.
KREMER, P.J.
N.N.V., a minor, appeals a judgment in favor of the American Association of Blood Banks (hereafter AABB) and Raquel V. Lugo, R.N., on his complaint seeking damages for developing acquired immune deficiency syndrome (AIDS) as a result of a blood transfusion during surgery in December 1984.
On appeal, N.N.V. contends the court erred in granting summary judgment in favor of the AABB on the basis the...
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