Marcella v. Brandywine Hospital

OPINIÓN OF THE COURT

WEIS, Circuit Judge.

This is a negligence suit growing out of a transfusion of contaminated blood collected by the Red Cross through its volunteer donor program. After a bench trial, the district court entered judgment in favor of the Red Cross. In this appeal, we hold that the Red Cross is not clothed with governmental immunity and therefore the plaintiffs request for a jury trial should have been granted. Accordingly, the case must be remanded for a new trial. We concur with the district court’s determination that the donor of the blood may be required to testify, but…