Legal Opinion
Doe v. University Hospital
New York Supreme Court
Decided July 31, 1990PublishedCited by 7 opinions
1Opinion of the Court
OPINION OF THE COURT
Eve Preminger, J.
This is 1 of 2 motions decided by the court today involving plaintiffs who contracted AIDS as a result of blood transfusions given prior to the development in 1985 of a screening test for the AIDS virus. For the reasons stated below the court rejects defendants’ argument that as a matter of law they should be relieved of any liability for the pre-1985 transfusion of contaminated blood.
Plaintiff "John Doe” received a blood transfusion during open heart surgery at NYLJ on January 4, 1984. Plaintiff tested positive for the AIDS (HTLV-III) virus in June 1987.…
2Cases cited2 opinions
- Di Marco v. Hudson Valley Blood ServicesAppellate Division of the Supreme Court of the State of New York · 1989
- Prego v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1989
3Cited by7 opinions
- James D. Nelson, Jr. v. American National Red Cross, James D. Nelson, Jr., Cross-Appellee v. American National Red CrossCourt of Appeals for the D.C. Circuit · 1994
- Sweeney v. Presbyterian/Columbia Presbyterian Medical CenterDistrict Court, S.D. New York · 1991
- Troum v. Newark Beth Israel Med. Ctr.New Jersey Superior Court Appellate Division · 2001
- Weigand v. University Hospital of New York University Medical CenterNew York Supreme Court · 1997
- Gilmore v. Memorial Sloan Kettering Cancer CenterNew York Supreme Court · 1993
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