Court disallows class action in hemophiliacs' HIV lawsuit. Clearinghouse, P.O. Box 6003, Rockville, MD 20849-6003. 800-458-5231 ext. 5023.

Important note: Information in this article was accurate in 1995. The state of the art may have changed since the publication date.

Court disallows class action in hemophiliacs' HIV lawsuit. Clearinghouse, P.O. Box 6003, Rockville, MD 20849-6003. 800-458-5231 ext. 5023.

AIDS Policy Law. 1995 Apr 21;10(7):4. Unique Identifier : AIDSLINE AIDS/95700419

Abstract: Thousands of hemophiliacs who contracted HIV through blood-clotting products cannot sue the manufacturers in a class-action lawsuit, according to the Seventh U.S. Circuit Court of Appeals. The four drug companies involved in the suit would face intensive pressure to settle to avoid possible bankruptcy, according to the court. The plaintiffs argue that drug manufacturers could have protected hemophiliacs from HIV infection prior to the discovery of the first AIDS case in the United States in 1981. Since hepatitis B was transmitted through blood transfusions or blood-clotting products, the manufacturers could have either treated the blood or screened donors, thus protecting hemophiliacs from both hepatitis B and HIV. The plaintiffs also contend that the drug manufacturers dragged their heels about instituting precautions once researchers in the early 1980s began to suspect that HIV was transmitted through blood. The defendants named were Rhone-Poulenc Rorer of Collegeville, PA; Miles Inc. of Pittsburgh; Baxter Healthcare Corp. of Deerfield, IL; and Alpha Therapeutic Corp. of Los Angeles. The National Hemophilia Foundation was also named as a defendant charged with negligence and breach of fiduciary duty since it downplayed the risk of HIV transmission through blood products in the early 1980s. The plaintiffs reportedly have asked the Circuit Court of Appeals to reconsider the panel's ruling. If the decision stands, the plaintiffs would have to have their cases tried individually.

Keywords: Blood Transfusion/*ADVERSE EFFECTS/LEGISLATION & JURISPRUD Hemophilia/*COMPLICATIONS Human HIV Infections/*COMPLICATIONS/TRANSMISSION *Liability, Legal NEWSLETTER ARTICLE
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