LOS ANGELES TIMES (LT) - FRIDAY April 8, 1988
Jess Bravin; Times Staff Writer

In the lawsuit filed in Orange County Superior Court in Santa Ana, Brian Watkins, 32, asserts that he contracted acquired immune deficiency syndrome from blood transfusions he received while hospitalized after being injured in a motorcycle accident in May, 1985.

However, the medical director of UCI's blood bank said he doubted the truth of Watkins' claims because the hospital then was using blood tested for the presence of antibodies to the AIDS virus.

Dr. Jose A. Ocariz said that the Orange County chapter of the American Red Cross, which supplies blood to UCI and most local hospitals, had begun testing donated blood in March, 1985.

The tests used are considered extremely accurate in detecting the presence of antibodies to the human immunodeficiency virus, or HIV, which causes AIDS, Ocariz said.

The test, however, does not detect the presence of the virus itself; since it is thought to take two months for the body's immune system to develop HIV antibodies, some blood containing the virus can go undetected.

Watkins was diagnosed as having AIDS--a disease that attacks the body's immune system and one for which there is no cure--in November, according to his attorney, Robert M. Fox.

Fox said that his client had been told by "informed sources" that the blood he received at UCI was contaminated. Fox declined to identify the sources, however. "It was either an unchecked batch (of blood) or some kind of mistake," Fox said.

Ocariz rejected that assertion.

"This individual received tested blood," he said.

Ocariz would not comment further, except to say, "I don't know if Mr. Watkins belongs to any of the high-risk groups" for the contraction of AIDS.

AIDS is transmitted primarily by sexual contact and by exposure to contaminated blood. The great majority of the disease's victims have been homosexuals and intravenous drug abusers, the latter group spreading the disease through shared hypodermic syringes.

Fox said that his client was neither homosexual nor an intravenous drug abuser. Watkins himself could not be reached for comment.

Watkins formerly worked in hotel management but has been unemployed since his diagnosis, Fox said. Watkins is undergoing treatment with the experimental AIDS drug AZT, and has shown some improvement under it, the attorney said.

In March, 1986, the family of a hemophiliac boy filed suit against UCI Medical Center, charging that he contracted AIDS from a blood coagulant received from the hospital.

That suit is pending.

Under the law, a medical malpractice suit based on infected blood must demonstrate that the defendants were negligent in having the blood transfused. The fact that a patient received contaminated blood is not by itself grounds for legal action.

Those statutes are intended to protect agencies such as the Red Cross from litigation that could endanger the blood supply, Ocariz and Fox said.
880408
LT880401

Always watch for outdated information. This article first appeared in 1988. This material is designed to support, not replace, the relationship that exists between you and your doctor.

AEGiS presents published material, reprinted with permission and neither endorses nor opposes any material. All information contained on this website, including information relating to health conditions, products, and treatments, is for informational purposes only. It is often presented in summary or aggregate form. It is not meant to be a substitute for the advice provided by your own physician or other medical professionals. Always discuss treatment options with a doctor who specializes in treating HIV.

Copyright ©1980, 1988. AEGiS. All materials appearing on AEGiS are protected by copyright as a collective work or compilation under U.S. copyright and other laws and are the property of AEGiS, or the party credited as the provider of the content. .