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DOE v. AMERICAN RED CROSS

CC 9010-06734; CA A74444; SC S41493.

910 P.2d 364 (1996)

322 Or. 502

Jane DOE, Personal Representative of the Estate of John Doe, and Jane Doe, individually, Respondents on Review, v. AMERICAN RED CROSS and Frans Peetoom, Petitioners on Review.

Supreme Court of Oregon.

Reassigned April 17, 1995.

Decided February 1, 1996.

Attorney(s) appearing for the Case

Fern P. O'Brian, of Arnold & Porter, Washington, D.C., argued the cause for petitioners on review. With her on the petition and briefs were Bruce M. Chadwick, Washington, D.C., and Ronald D. Lee, Los Angeles, and Darleen Darnall and Lisa E. Lear, of Bullivant, Houser, Bailey, Pendergrass & Hoffman, Portland.

Robert S. Sola, of Williams & Troutwine, P.C., Portland, argued the cause for respondents on review. With him on the briefs was Michael L. Williams.

Mildred J. Carmack, of Schwabe, Williamson & Wyatt, Portland, filed a brief on behalf of amicus curiae Oregon Association of Defense Counsel.

David F. Sugerman, of Paul & Sugerman, Portland, filed a brief on behalf of amicus curiae Oregon Trial Lawyers Association.

Before CARSON, C.J., and GILLETTE, VAN HOOMISSEN, FADELEY, UNIS, and DURHAM, JJ.

VAN HOOMISSEN, Judge.

Plaintiff Jane Doe brought this action as the personal representative of the estate of John Doe, her deceased husband, and individually, claiming damages for defendants' allegedly negligent transmission of Human Immunodeficiency Virus (HIV) to John Doe during surgery. Defendants are the American Red Cross (the Red Cross) and Dr. Frans Peetoom, who formerly was the Medical Director for the American Red Cross, Pacific Northwest Region Blood Services...

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