Samuels v. Health & Hospitals Corp.

WEINSTEIN, District Judge:

Enid Samuels died of hepatitis. Her survivors claim the cause was infected blood received during surgery at a New York City Health and Hospitals Corporation Hospital. In this diversity action, they seek recovery against Eastern Blood Bank, a commercial blood bank which allegedly supplied the defective blood, and against the Hospital. Notwithstanding a jury verdict against both defendants, the trial court granted judgment for defendants or, alternatively, a new trial. For the reasons indicated below, a new trial is required.

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New York denies recipients of blood the…