McDaniel v. Baptist Memorial Hospital

ORDER GRANTING MOTION TO DISMISS BUT PEMITTING PLAINTIFF TO AMEND

WELLFORD, District Judge.

This is a suit filed by an Arkansas resident, a widow, against the Baptist Memorial Hospital in Memphis (hereinafter referred to as “the Hospital”) growing out of the alleged wrongful death of her husband by reason of serum hepatitis contracted after blood transfusion administered from the Hospital blood bank in late 1969. Plaintiff sued at the outset on the theory of violation of the Hospital’s strict duty not to transfuse defective or impure blood, contending that the Hospital did, in fact, obtain,…