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Blood Bank May Be Liable in Boy's Transfusion Death

Thursday, December 04, 2008

TALLAHASSEE, Fla. —  The Florida Supreme Court will decide whether a blood bank should be held responsible for the death of a 7-year-old boy who died from West Nile virus contracted from a transfusion.

An appeals court overturned a jury's negligence verdict. The appellate judges ruled the lawsuit should have been filed as a medical malpractice claim instead and that special procedures required for that kind of case were not followed.

The argument Thursday focused on whether the malpractice procedures apply even though Chase Fitchner received only blood, not medical care, from a LifeSouth Community Blood Center in Alachua County.

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