Comments: Transfusion-Associated Acquired Immunodeficiency Syndrome (AIDS): Blood Bank Liability?

The Acquired Immunodeficiency Syndrome (AIDS) can be contracted via a blood transfusion. A legal question of growing importance in Maryland and across the country is whether a blood bank which supplies AIDS-tainted blood should be liable to a blood transfusee for the contraction of AIDS. Inherent in that question is a balancing of society\u27s need to protect blood banks from liability and the individual\u27s right of recovery. This comment examines that question. The author begins with a historical review of blood bank liability for blood tainted with viruses other than AIDS and then discusses various theories of liability under which a blood bank could be held liable for the transfer of AIDS-tainted blood. The comment concludes with a legislative proposal which would permit individual recovery for tranfusion-associated AIDS without interfering with society\u27s need for an adequate and safe supply of blood