Taylor v. West Penn Hospital

48 Pa. D. & C.3d 178, 1987 Pa. Dist. & Cnty. Dec. LEXIS 87
CourtPennsylvania Court of Common Pleas, Alleghany County
DecidedAugust 12, 1987
Docketno. G.D. 87-00206
StatusPublished
Cited by2 cases

This text of 48 Pa. D. & C.3d 178 (Taylor v. West Penn Hospital) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Alleghany County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Taylor v. West Penn Hospital, 48 Pa. D. & C.3d 178, 1987 Pa. Dist. & Cnty. Dec. LEXIS 87 (Pa. Super. Ct. 1987).

Opinion

WETTICK, A.J.,

Plaintiff Nicholas Taylor underwent open heart surgery on January 5, 1985. During the course of his surgery, plaintiff received blood that had been donated to and distributed by the Central Blood Bank.

On March 16, 1985, a donor whose blood had been used during plaintiffs operation again donated blood to the Central Blood Bank. During the routine testing of this donor’s blood, the Central Blood Bank discovered that the donor had been exposed to the HTLV-III virus, the causative agent of AIDS.

In accordance with the procedures that the Central Blood Bank follows when it discovers that a donor’s blood may be infected with any communicable disease, the blood bank notified plaintiff of the test results of the donor. Plaintiff was then tested for AIDS. The tests revealed the presence of the HTLVIII virus.

[179]*179Following the discovery of this virus in his blood, plaintiff through his counsel contacted the Central Blood Bank for information regarding the medical history of the donor, the testing procedures used on the blood, general Information regarding the Central Blood Bank’s donor program, and the identity of the donor. The Central Blood Bank voluntarily provided all the information which plaintiff requested except for. the name of the donor whose blood contained the HTLV-III virus.

Plaintiffs have scheduled the deposition of employees of the Central Blood Bank for the purpose of learning the identity of this donor. The Central Blood Bank has filed a motion for a protective order which requests this court to protect the anonymity of its donor.

Pa.R.C.P. 4003.1 permits discovery to extend to any matter which is relevant to the subject matter of the pending action, including the identity and whereabouts of witnesses. In this case, the identity of the donor is relevant to plaintiffs’ case.

In December 1982, researchers first learned that AIDS may be transmitted through blood transfusions. On January 13, 1983, the American Red Cross, the American Association of Blood Banks and the Council of Community Blood Banks (the three organizations which represent the interests of blood banks at a national level) issued a Joint Statement on Acquired Immune Deficiency Syndrome Related to Transfusion, which recommended that high risk populations be excluded as blood donors. In March 1985, a test to detect exposure to the HTLV-III virus was first available to blood banks. Although the test does not exclude all blood containing the AIDS virus (so blood banks still seek to exclude high risk populations as donors), this is a highly accurate test in terms of identifying donors whose [180]*180blood may contain the HTLV-III virus. (The primary weakness of the test is its high false positive rate.) At this time, testing is mandatory.1

Since there was no test to determine if blood contained the HTLV-III virus at the time of plaintiffs open heart surgery, the only feasible screening device available to a blood bank was the use of procedures designed to exclude potential donors in a high-risk category — male homosexuals and intravenous drug users. Recommended procedures included requesting each potential donor not to donate blood if the donor was in a high risk category and obtaining a medical history from each potential donor. By learning the identity of the donor, plaintiffs would very likely be able to learn whether the donor was in a high risk category at the time the blood was donated. If the donor was in a high risk category and if he states that he was informed by the blood bank not to donate blood but did so anyway, plaintiffs would very likely include this donor as a defendant. If the donor was in a high risk category and if he states that no personal history was taken or that he was never informed that he should not donate blood, he will be an important witness for plaintiffs for purposes of refuting the Central Blood Bank’s contention that it utilized appropriate proce[181]*181dures to exclude persons in high risk populations as donors.

While Rule 4003.1 permits discovery of any matter relevant to the preparation or trial of the action, a party’s right to discovery is not absolute. The limitations of the scope of discovery are set forth in Pa.R.C.P. no. 4011. Subsection 4011(b) bars discovery of relevant information which “would cause unreasonable annoyance, embarrassment, oppression, burden or expense to the deponent or any other person or party” and subsection 4011(c) bars discovery of relevant information that “relates to matter which is privileged.”

The Central Blood Bank contends that plaintiffs’ discovery request is barred by Rule 4011(c) because the right of privacy recognized in the Pennsylvania and United States Constitutions prevents disclosure of the identity of a blood donor without the donor’s consent. The Central Blood Bank also contends that plaintiffs’ discovery request is barred by Rule 4011(b) because the protection of the identity of voluntary blood donors is an essential condition for obtaining the amount of blood necessary to meet the needs of the population.

I

Initially, we consider the Central Blood Bank’s contention that the right of privacy recognized in the Pennsylvania and United States Constitutions prevents disclosure of the identity of a donor without the donor’s consent. The blood bank has standing to raise the privacy claims of its donors because these privacy rights would not otherwise be protected. See In re June 1979 Allegheny County Investigating Grand Jury, 490 Pa. 143, 148, 415 A.2d 73, 76 (1980), and Pennsylvania Dental Association v. Commonwealth of Pennsylvania, Department of [182]*182Health, 75 Commw. 7, 461 A.2d 329 (1983), which permitted the treatment provider to raise the privacy claims of its patients.

None of the decisions of the United States Supreme Court which consider the parameters of the constitutional right of privacy resolves the blood bank’s claim that the anonymity of its donors is constitutionally protected. Also, there is very limited case law in Pennsylvania addressing the claim that the constitutional right of privacy bars disclosure of medical information.

In the case of In re “B”, Appeal of Dr. Loren Roth, 482 Pa. 471, 394 A.2d 419 (1978), the opinion of Justice Manderino writing for the court (in which only one other justice joined) held that the constitutional right of privacy barréd a court from compelling a psychiatrist to reveal the contents of the psychiatric records of a patient without that patient’s consent even though such records were relevant to the issue of whether the juvenile court should return a child to the patient. In Stark Dental Associates v. Medical Service Association of Pennsylvania, 11 D.&C.3d 699 (1978), the principles enunciated in the Manderino opinion in In re “B”, Appeal of Dr. Loren Roth, supra, were extended to support a holding that the constitutional right of privacy prohibits disclosure of dental patients’ names. In Pennsylvania Dental Association v. Commonwealth of Pennsylvania, Department of Health, supra,

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48 Pa. D. & C.3d 178, 1987 Pa. Dist. & Cnty. Dec. LEXIS 87, Counsel Stack Legal Research, https://law.counselstack.com/opinion/taylor-v-west-penn-hospital-pactcomplallegh-1987.