Waage v. Cutter Biological Division of Miles Laboratories, Inc.

OPINION

RABINOWITZ, Justice.

I. INTRODUCTION

Christopher Waage is a hemophiliac who infused “Koate,” a blood-clotting agent manufactured by the Cutter Biological Division of Miles Laboratories, Inc. (Miles). Waage sued Miles in September 1990, alleging that he contracted the AIDS virus from a batch of contaminated Koate he used in 1983. The superior court granted summary judgment in favor of Miles, ruling that the applicable statute of limitations had expired on Waage’s claim. We reverse.

II. FACTS AND PROCEEDINGS

A. Waage’s Lawsuit

In 1983 Kodiak resident Christopher Waage was treating his…