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Doe (P), a pseudonym, was a hemophiliac and had to take Factor VIII Concentrate to affect the clotting of his blood. In August of 1984, P had to undergo an operation to remove a kidney stone, and P received prophylactic quantities of the Concentrate from Baxter (D). It was later found that a donor who contributed plasma to make the Concentrate had AIDS. In June, 1986 it was determined that P had been infected with the HIV virus. P sued D for breach of warranty, strict liability, and negligence. D removed the case to federal court and under Rule 12(b)(6) moved to dismiss the complaints on warranty and strict liability.

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