In Re Factor VIII or IX Concentrate Blood Products Litigation

MEMORANDUM OPINION

GRADY, District Judge.

Before the court is defendant National Hemophilia Foundation’s motion for summary judgment pursuant to F.R.C.P. 56(b), or in the alternative, for summary determination of major issues pursuant to F.R.C.P. 56(d). For the reasons stated below, the motion is denied.

BACKGROUND

Plaintiffs in this multidistriet litigation are hemophiliacs and the personal representatives of deceased hemophiliacs who used certain blood products known as “factor concentrates” to treat their hemophilia and, as a result, became infected with the HIV virus. The defendant National…