Spence v. Miles Laboratories, Inc.

SUHRHEINRICH, Circuit Judge.

I. Introduction

In March of 1990, Wynne Spence, a hemophiliac, was diagnosed with AIDS. Wynne *1187and his wife Jennifer brought suit against defendant Miles Laboratories, Inc., individually and doing business as Cutter Laboratories, claiming Wynne had contracted the disease from a blood-clotting factor manufactured by Miles. The district court granted summary judgment to Miles, ruling that the Tennessee AIDS statute could not be applied retroactively to hold Miles liable; and assuming it did apply, this claim, and the alternative claim of negligently manufacturing and…