Legal Question in Medical Malpractice in Pennsylvania

I was given a unit of blood amd over a year later found out the donor has hep c and i may have been infected i am also a cancer paitent do i have grounds to sue

Asked on 1/10/11, 6:18 am

1 Answer from Attorneys

Jerry Meyers Meyers Evans & Associates, LLC
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In Pennsylvania by statute, "No person shall be held liable for death, disease or injury resulting from the lawful transfusion of blood, blood components or plasma derivatives, or from the lawful transplantation or insertion of tissue, bone or organs, except upon a showing of negligence on the part of such person.   Specifically excluded hereunder is any liability by reason of any rule of strict liability or implied warranty or any other warranty not expressly undertaken by the party to be charged."

This means that under Pennsylvania law the mere occurrence of contaminated blood does not prove that the blood bank has legal liability. Instead, you are required to prove the particular negligence that resulted in the blood contamination not having been discovered before it was administered to you. This of course makes such a case more difficult and more expensive.

In addition you don't know whether you have the disease. You also have not described your prognosis for your cancer.

You should consult a lawyer in your jurisdiction and provide further information so that you can be properly advised.

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Answered on 1/18/11, 12:15 pm

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