San Francisco Chronicle - Wednesday, December 27, 1989
Lori Olszewsli, David Tuller, Chronicle Staff Writers

Superior Court Judge Daniel Hanlon ruled in San Francisco last week that plaintiffs' attorneys can interview the donors through written questions submitted to the court. His ruling emphasized, however, that the donors' identities will be kept confidential throughout the process.

Irwin faces about 20 negligence lawsuits filed in San Francisco by people who became infected with the human immunodeficiency virus because of contaminated blood they received from Irwin donors before March 1985, when an antibody test became available to screen for HIV.

VERDICTS FOR IRWIN

A year ago, the blood bank lost one case and settled another, but since then juries have found in its favor in several cases.

Irwin contends that by asking all donors in high-risk groups to refrain from giving blood, it did all it could to eliminate those who might be infected in the years before the HIV antibody test was developed. However, attorneys for the people who contracted the virus from the contaminated transfusions before 1985 say Irwin is not telling the truth.

"Irwin has tried to paint itself as the victim -- that it asked the right questions but the donors simply lied about their risky behaviors," said Fred Meis, the San Francisco attorney who represents six of the people suing Irwin. "We believe the donors were never asked the questions. Until now, we had no way to prove that because we couldn't talk to the donors."

"We're looking at this ruling as a significant victory in our attempt to establish Irwin's negligence," Meis said. "We do not believe people would have intentionally risked infecting someone else if Irwin had made the danger clear to them."

CONFIDENTIALITY CONCERNS

Irwin's lawyer, Duncan Barr, said he believes Hanlon's ruling will not violate confidentiality guarantees for the donors because their identities will not be made public. But he said he is concerned that current blood donors might be scared away if they misunderstand the ruling.

"Our main concern is to protect the blood supply and we can't do that if donors feel their privacy will be invaded, that they will be dogged by lawyers and private investigators asking them about their sex lives," Barr said. "This ruling does not affect people who donated blood after 1985."

Barr said he thinks donors will be less than honest in the interviews to protect themselves.

"That's human nature," Barr said. "Of course, the donors are going to say they never meant to hurt anyone and if they'd only known, they never would have donated blood. We'll just have to hope juries realize that.

"At the time, before 1985, I think people simply did not accept the notion that there was this monstrous disease and that they were infected," Barr said.

More than 2,000 cases of AIDS have been traced to blood transfusions, and blood banks across the country are facing similar lawsuits. Because of Irwin's prominence and its location in one of the cities most devastated by AIDS, the blood bank industry is closely watching the cases here as a harbinger of what might happen elsewhere.

Always watch for outdated information. This article first appeared in 1989. This material is designed to support, not replace, the relationship that exists between you and your doctor.

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