Legal Opinion

Bradway v. American National Red Cross

Supreme Court of Georgia

Decided March 8, 1993No. S92Q1250PublishedCited by 20 opinions

1Opinion of the Court

Hunt, Presiding Justice.

In this certified question from the Eleventh Circuit Court of Appeals, we are asked:

Is a suit alleging that a not-for-profit blood bank was negligent in collecting and supplying human blood — including screening volunteer blood donors and testing blood for the presence of human immunodeficiency virus (HIV) — an action for medical malpractice and thus subject to Georgia’s statutes of limitation and repose for medical malpractice actions, OCGA § 9-3-71?

We answer the question in the affirmative.

The relevant facts, as certified by the Eleventh Circuit, are as follows:

On…

2Cases cited5 opinions

  1. United Blood Services v. QuintanaSupreme Court of Colorado · 1992
  2. Candler General Hospital, Inc. v. McNorrillCourt of Appeals of Georgia · 1987
  3. Cherokee County Hospital Authority v. BeaverCourt of Appeals of Georgia · 1986
  4. McAllister v. American National Red CrossSupreme Court of Georgia · 1977
  5. Doe v. American Red Cross Blood ServicesSupreme Court of South Carolina · 1989

3Cited by20 opinions

  1. Advincula v. United Blood ServicesIllinois Supreme Court · 1996
  2. Charter Peachford Behavioral Health System, Inc. v. Kohout.Court of Appeals of Georgia · 1998
  3. Stafford-Fox v. JenkinsCourt of Appeals of Georgia · 2006
  4. Doe v. American National Red CrossWisconsin Supreme Court · 1993
  5. Carol B. Bradway, and David E. Bradway v. The American National Red CrossCourt of Appeals for the Eleventh Circuit · 1993

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