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SMITH v. AMERICAN RED CROSS

Civ. A. No. 93-CV-6732.

876 F.Supp. 64 (1994)

Aaron J. SMITH, Administrator of the Estate of Sallie R. Smith, Deceased, Plaintiff, v. AMERICAN RED CROSS and The Reading Hospital and Medical Center, Defendants.

United States District Court, E.D. Pennsylvania.

December 16, 1994.

Attorney(s) appearing for the Case

Philip H. Rush, Rush & Seiken, P.C., Philadelphia, PA, John Goldstan, Reading, PA, Jay Abramowitch, Wyossing, PA, for Aaron J. Smith.

Howard M. Klein, Patricia M. Hamill, Conrad, O'Brien, Gellman & Rohn, P.C., Philadelphia, PA, for American Red Cross.

Craig A. Stone, Mette, Evans and Woodside, Harrisburg, PA, for Keystone Community Blood Bank, Inc.

Edwin L. Stock, Roland & Schlegel, P.C., Reading, PA, James S. Sell, Kane, Pugh, Knoell & Driscoll, Norristown, PA, for The Reading Hosp. and Medical Center.

MEMORANDUM

BUCKWALTER, District Judge.

I. INTRODUCTION

Plaintiff asks this court to use the unfortunate and tragic facts of this case to extend Pennsylvania's "separate disease rule,"1 promulgated in the context of asbestos litigation, to cases involving Human Immunodeficiency Virus ("HIV") and Acquired Immune Deficiency Syndrome ("AIDS"). To so extend the separate disease rule would permit HIV and AIDS to be...

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