Whigham v.
Shands Teaching Hospital and Clinics, Inc.,
613 So. 2d
110 (Fla 1st DCA 1993).
A decedent
died as a result of an HIV infected blood transfusion. His wife and
brother, as co-administrators of his estate, sued a hospital and blood
bank. The Alachua County Circuit Court dismissed the action on the basis
of the medical malpractice statute of repose.
Ms.
Lippincott represented the estate on appeal. The appellate court held
that the statute of repose had no application to the blood bank.
Therefore the action against the blood bank was reinstated. However, the
dismissal in favor of the hospital was affirmed.
