Brody v. Overlook Hospital

In 1966 blood obtained from the Overlook Hospital and the Essex County Blood Bank was used in a transfusion during an operation on the plaintiffs decedent at the Hospital. The blood was infected with viral hepatitis but the undisputed expert testimony was that such infection was then undiscoverable. The Appellate Division held that while the Hospital and the Blood Bank were under an obligation to use due care they were not accountable under the theory of strict liability in tort. Brody v. Overlook Hospital, 127 N. J. Super. 331 (1974). Sound policy considerations dictated that result and…