Legal Opinion
Smith v. Cutter Biological, Inc.
Court of Appeals for the Ninth Circuit
Decided August 24, 1990No. 89-15839PublishedCited by 13 opinions
1Opinion of the Court
ORDER
CERTIFIED QUESTIONS
John Smith appeals the grant of summary judgment in favor of the manufacturers of a blood clotting product, Factor VIII, *375and in favor of the United States. Smith claims that he acquired AIDS from manufacturer-appellees’ products. The district court found that appellant could not prevail on his claims as a matter of law. We certify several questions of state law to the Hawaii Supreme Court.
BACKGROUND
Appellant John Smith is a hemophiliac who has tested positive for the AIDS virus. He receives a clotting agent known as Factor VIII from Tripler Army Medical Center (TAMC).…
2Cases cited4 opinions
- Summers v. TiceCalifornia Supreme Court · 1948
- Sindell v. Abbott LaboratoriesCalifornia Supreme Court · 1980
- Hall v. EI Du Pont De Nemours & Co., Inc.District Court, E.D. New York · 1972
- E. R. Squibb & Sons, Inc. v. SindellSupreme Court of the United States · 1980
3Cited by13 opinions
- In Re: Genesys Data Technologies, IncorporatedCourt of Appeals for the Fourth Circuit · 2000
- Smith v. Cutter Biological, Inc.Hawaii Supreme Court · 1991
- Doe v. Cutter Biological, Inc.Court of Appeals for the Ninth Circuit · 1992
- Zands v. NelsonDistrict Court, S.D. California · 1992
- Pai 'Ohana v. United StatesDistrict Court, D. Hawaii · 1995
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