In February 1983, Pia entered the hospital for a simple operation. During that procedure, she received a

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In February 1983, Pia entered the hospital for a simple operation. During that procedure, she received a blood transfusion. Although the operation was entirely successful, Pia was diagnosed with HIV several years later. The blood she had received had come from Everett, a carrier of HIV. He had donated that blood to the Canadian Red Cross Society (CRCS) at a blood donor clinic in January 1982. When it became well known that HIV could be transmitted through blood, the CRCS started using a detailed questionnaire to prevent people in high-risk groups from making donations. Because of his lifestyle, Everett would have fallen into one of those groups. At the time of donation in January 1982, however, there was very little medical information available about HIV, and there was no reasonable basis for believing that it could be spread through blood transfusions. The CRCS therefore did not take any steps to screen out potentially harmful donors. Pia sued Everett and the CRCS in negligence shortly after learning that she was infected. Sadly, both Pia and Everett have since died of AIDS. Pia's widower has nevertheless continued the lawsuit against the CRCS. He claimed that the CRCS was careless in allowing a person of Everett's lifestyle to donate blood. Would that claim succeed? Explain your answer.

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Managing the Law The Legal Aspects of Doing Business

ISBN: 978-0133847154

5th edition

Authors: Mitchell McInnes, Ian R. Kerr, J. Anthony VanDuzer

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