The legal issues presented in this case will be displayed here.

This section contains the nature of the case and procedural background.

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.

The court's holding and decision will be displayed here.

Legal analysis from Dean's Law Dictionary will be displayed here.