St. Luke's Hospital v. Schmaltz

Certiorari was granted to review the decision of the Colorado Court of Appeals in Schmaltz v. St. Luke’s Hospital, 33 Colo. App. 351, 521 P.2d 787. We reverse the judgment of the court of appeals.

Respondent’s claims against petitioner hospital arose out of her contention that she was infected with serum hepatitis as a result of a number of whole blood transfusions given to her without her knowledge or consent during surgical procedures at the hospital. The complaint alleged that the blood transfused was defective and in an unreasonably dangerous condition, thereby resulting in the disease she…