H v Royal Alexandra Hospital for Children

(1990) 1 Med LR 297

SUPREME COURT OF NEW SOUTH WALES

and Mr Justice BADGERY-PARKER

Product liability — Blood product (anti haemophilia factor: AHF) — HIV contamination — AHF, in concentrate and cryoprecipitate form, administered to plaintiff, an infant haemophiliac, during factor VIII replacement therapy for swollen joints in March 1982 and September 1983 — Plaintiff infected with HIV virus and contracted AIDS — Liability in negligence of hospital, manufacturers and distributor of blood product — Duty of care — Whether manufacturers and distributor negligent in failing to implement screening of donors, to withdraw product, to carry out surrogate testing and to warn of risk — Whether hospital negligent in diagnosis and treatment, in failing to use dedicated blood and to warn of AIDS risk — Time of infection — Remoteness of damage