Weishorn v. Miles-Cutter

721 A.2d 811, 1998 Pa. Super. LEXIS 3810, 1998 WL 831401
CourtSuperior Court of Pennsylvania
DecidedDecember 3, 1998
Docket2513
StatusPublished
Cited by5 cases

This text of 721 A.2d 811 (Weishorn v. Miles-Cutter) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Weishorn v. Miles-Cutter, 721 A.2d 811, 1998 Pa. Super. LEXIS 3810, 1998 WL 831401 (Pa. Ct. App. 1998).

Opinions

CAVANAUGH, J.:

Carol D. Weishorn and Scott Weishorn, appeal from a judgment following an order granting summary judgment in favor of Miles-Cutter/Miles, Inc. (“Miles”).1 This appeal raises an issue of first impression in this Commonwealth, requiring that we determine whether the Blood Shield Statute2 precludes strict liability and breach of warranty claims against a commercial supplier of blood products for injuries arising from those products. The trial court ruled that the statute protects commercial suppliers and granted Miles’ motion for summary judgment. Appellants appeal from that ruling. As we find that the statute was intended to extend immunity to commercial suppliers, we affirm.

Appellant Carol D. Weishorn suffers from idiopathic thrombocytopenic purpura (“ITP”), a blood disorder that causes the destruction of blood platelets.3 Upon being diagnosed with the disorder in 1986, she routinely received transfusions of platelets into her blood. The transfusions were necessary to restore her blood platelet count to normal levels and alleviate the usual side effects of the disorder, which include bleeding into the skin, weakness and fatigue.

In May 1992, Weishorn was hospitalized at Western Pennsylvania Hospital due to a severe drop in her platelet count. After being admitted to the emergency room, she was intravenously administered Gamimune-N,4 a preparation produced and sold by Miles, in order to boost her blood platelet count. Although the treatment improved her condition, Weishorn was diagnosed shortly thereafter with both the Hepatitis-B and Hepatitis-C viruses.

The Weishorns filed a complaint against Miles stating claims for strict liability, breach of implied warranty and negligence. The complaint alleged that the Gamimune-N wife-appellant received was contaminated with both the Hepatitis B and C viruses, causing her to contract both forms of hepatitis. Miles filed a motion for summary judgment, arguing that appellants’ strict liability and breach of warranty claims were barred by application of the Pennsylvania Blood Shield Statute, 42 Pa.C.SA. § 8333. The trial court agreed and entered an order on July 14, 1997 dismissing appellants’ strict liability and breach of warranty actions. The trial court subsequently dismissed appellants’ remaining negligence claim by an order dated December 4, 1997, due to appellants’ failure to produce expert reports necessary to establish their claim. This appeal followed.5

[813]*813We begin by noting that our scope of review when reviewing an order granting summary judgment is plenary. Merriweather v. Philadelphia Newspapers, Inc., 684 A.2d 137, 140 (Pa.Super.1996), appeal denied, 548 Pa. 628, 693 A.2d 967 (1997). In reviewing the order, we must examine the record in the light most favorable to the adverse party and determine whether the moving party has established that no genuine issue of material fact exists and that it is entitled to judgment as a matter of law. Scopel v. Donegal Mutual Insurance Co., 698 A.2d 602, 605 (Pa.Super.1997). We will reverse the trial court’s decision to grant summary judgment if there has been an error of law. Small v. Juniata College, 452 Pa.Super. 410, 682 A.2d 350, 352 (1996).

The central issue presented on appeal is whether the Pennsylvania Blood Shield Statute immunizes a commercial supplier of human blood products from claims of strict liability and breach of warranty. Appellants argue that Miles is not protected under the statute because the statute was only intended to shield hospitals and non-profit suppliers of blood products from such claims.

In their primary argument, appellants contend that the plain language of the statute precludes a finding that the legislature intended to immunize commercial manufacturers and sellers of blood products. The statute provides:

No person shall be held liable for death, disease or injury resulting from the lawful transfusion of blood, blood components or plasma derivatives, or from the lawful transplantation or insertion of tissue, bone or organs, except upon a showing of negligence on the part of such person. Specifically excluded hereunder is any liability by reason of any rule of strict liability or implied warranty or any other warranty not expi’essly undertaken by the party to be charged.

42 Pa.C.S-A. § 8333(a). Appellants contend that the term “person” cannot be interpreted as including commercial manufacturers or sellers. According to appellants, use of the term “transfusion” demonstrates the legislature’s intent to limit the scope of protection to those involved in the transfusion process as opposed to those manufacturing such products. We disagree.

The blood shield statute is substantially a reenactment of the Medical Transfusions and Transplants Act 35 P.S. § 10021 (repealed) (“Transfusions Act”). Under the Transfusions Act, “no hospital, blood bank or other entity or person” was to be held liable under an implied warranty theory for death or injury arising from a lawful transplantation. Id. The few cases arising under the Transfusions Act extended protection to hospitals and blood banks, but our courts never addressed the issue of whether the clause “other entity or person” included commercial providers. See Mastrangelo v. Albert Einstein Medical Center, 12 D. & C.3d 678 (1979); Bartholomew v. Quakertown Hospital Ass’n, 25 Bucks 250 (1974). In 1978, the Pennsylvania Blood Shield Statute repealed the Transfusions Act and replaced the clause “no hospital, blood bank or other entity or person” with the broader term “no person.”

Under the statute, “person” is not a defined term. In Cutler v. Graduate Hospital, 717 F.Supp. 338 (E.D.Pa.1989), however, the United States District Court for the Eastern District of Pennsylvania determined that the term “ ‘person’ includes corporations, partnerships and associations.” The district court reached this conclusion by applying the definition of “person” provided under the Pennsylvania Statutory Construction Act. Id. at 339; see also 1 Pa.C.S.A. § 1991; Commonwealth v. Runion, 541 Pa. 202, 207, 662 A.2d 617, 619 (1995) (stating that in absence of statutory definition, court is compelled to rely on definitions provided under Statutory Construction Act). The Statutory Construction Act defines “person” as including “a corporation, partnership, limited liability company, business trust, other association, government entity, estate, trust, foundation or natural person.” 1 Pa.C.S.A. § 1991. Under this definition, the district court concluded that commercial suppliers of blood products were clearly protected under the statute. We agree with the analysis and conclusion of the district court and decide that the statute precludes actions against commercial suppliers of blood and blood products.

[814]*814Appellants urge, however, that public policy will be better served by an interpretation of the statute that imposes strict liability on the manufacturers and suppliers of defective blood products.

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Weishorn v. Miles-Cutter
721 A.2d 811 (Superior Court of Pennsylvania, 1998)

Cite This Page — Counsel Stack

Bluebook (online)
721 A.2d 811, 1998 Pa. Super. LEXIS 3810, 1998 WL 831401, Counsel Stack Legal Research, https://law.counselstack.com/opinion/weishorn-v-miles-cutter-pasuperct-1998.