Florida WNV Case (SC Case no. SC08-174) (TraQ Program)




Florida WNV Case (SC Case no. SC08-174) Text size: This case presents a fascinating and rare look at current litigation involving donor screening. Below is a brief backgrounder on the case and related legal documents present on the Florida Supreme Court website. Respondent/Defendant = Lifesouth Community Blood Centers Petitioner/Plaintiff = Mother on behalf of the estate of dead child The case: Petitioner's 7-year-old son died after receiving a blood transfusion contaminated with WNV. She filed a negligence lawsuit against LifeSouth Community Blood Centers, accusing the blood bank of failing to use reasonable screening procedures. The case centered around a new, incompletely trained staff member not being able to determine that a donor was unable to understand interview questions and related donor information. The donor had previously requested a Spanish interpreter and Spanish language materials. LifeSouth argued that the lawsuit should be dismissed because the Petitioner did not comply with requirements for medical malpractice lawsuits. The Petitioner won the lawsuit but LifeSouth appealed to the 1st District Court of Appeal (DCA), which reversed the trial court and ruled the lawsuit should be dismissed. The Florida Supreme Court will hear arguments on the case on 4 Dec. 2008, as described in this history of the case. All files are AABB, ABC, ARC brief in support of defendant Florida Association of Blood banks brief in support of defendant Defendant's answer brief Petitioner's initial brief Defendant's jurisdictional brief on review of case by Court of Appeal Petitioner's brief on jurisdiction Petitioner's reply to Court of Appeal's decision to overturn lower court verdict \| TOP \| Copyright © 2002 - 2010 TraQ Program of the British Columbia Provincial Blood Coordinating Office, a program of the Provincial Health Services Authority. All rights reserved.

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