McEvilly v. Rush Presbyterian St. Luke's Medical Center

MEMORANDUM OPINION AND ORDER

ROVNER, District Judge.

I. INTRODUCTION

Plaintiff Florence McEvilly (“plaintiff”) filed this action in an Illinois state court on behalf of the estate of her deceased husband, William R. McEvilly (“McEvilly”), alleging that he contracted Acquired Immune Deficiency Syndrome (“AIDS”) after receiving an infusion of blood contaminated with Human Immune Deficiency Virus (“HIV”). The American Red Cross (the “Red Cross”) removed the suit to federal court pursuant to its federal charter, which provides that the organization may sue or be sued in any court, state or federal.…