"No Liability for HIV From Transfusion"

Important note: Information in this article was accurate in 1992. The state of the art may have changed since the publication date.

"No Liability for HIV From Transfusion"

American Medical News (12/14/92) Vol. 35, No. 46, P. 16

Abstract: A federal trial court in Texas recently ruled that the federal government was not at fault for HIV transmitted to a patient during a coronary artery bypass graft. The patient had severe cardiac disease that mandated surgical intervention. While in surgery, the patient received a transfusion of HIV-positive blood. The patient was not told of the risk of HIV from a transfusion; there was no test to detect HIV in blood, or the availability of autologous or directed transfusion programs. The trial court considered the patient's claims to be based on negligence in collecting and screening blood products. But regarding informed consent, the court said that Texas law states that the doctor had an obligation to reveal risks or hazards that could have influenced a reasonable person in making the decision to give or withhold consent to surgery. A reasonable person would not have refused the necessary cardiac surgery in order to avoid the minimal risk of contracting HIV. The patient testified he would not have consented to an autologous blood transfusion. The court said that because of the lack of an HIV test, there was no way to establish conclusively that a directed blood donation would have lowered the risk of receiving tainted blood. The court ruled in favor of the government on the informed consent claim.

921214
AD922475

Copyright © 1992 - Information, Inc., Bethesda, MD. The CDC National Center for HIV, STD and TB Prevention provides the following information as a public service only. Providing synopses of key scientific articles and lay media reports on HIV/AIDS, other sexually transmitted diseases and tuberculosis does not constitute CDC endorsement. This daily update also includes information from CDC and other government agencies, such as background on Morbidity and Mortality Weekly Report (MMWR) articles, fact sheets, press releases and announcements. Reproduction of this text is encouraged; however, copies may not be sold, and the CDC HIV/STD/TB Prevention News Update should be cited as the source of the information. Contact the sources of the articles abstracted below for full texts of the articles.

AEGiS is a 501(c)3, not-for-profit, tax-exempt, educational corporation. AEGiS is made possible through unrestricted funding from Boehringer Ingelheim, Bridgestone/Firestone Charitable Trust, Elton John AIDS Foundation, the National Library of Medicine, AIDS Walk of Orange County, and donations from users like you.

Always watch for outdated information. This article first appeared in 1992. 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, 1992. 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.