Royer v. Miles Laboratory, Inc.

Plaintiff is a hemophiliac who alleges that he was infected with hepatitis and AIDS by a blood product called Koate. Defendant Miles Laboratory, Inc. (Miles) manufactured the product, and defendant State of Oregon, through the Oregon Health Sciences Hemophilia Center, sold it to him. Plaintiffs complaint alleged that Miles was negligent and that both defendants are strictly hable. Both defendants moved to dismiss the strict liability claims for failure to state a claim. ORCP 21A(8). The trial court dismissed the claims with prejudice. The case proceeded to trial on the negligence theory, and…