J.K.B. v. Armour Pharmaceutical Co.

660 N.E.2d 602 (1996)

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J.K.B. v. Armour Pharmaceutical Co.

Indiana Court of Appeals
660 N.E.2d 602 (1996)

Facts

J.K.B. was a child who suffered from hemophilia. From 1980 to 1986, J.K.B. received a blood-clotting product, Factor VIII, produced and sold by Armour Pharmaceutical Company and other pharmaceutical companies (companies) (defendants). The Factor VIII product used by J.K.B. to treat his hemophilia had been contaminated by the HIV virus. J.K.B. contracted AIDS and died in 1991. J.K.B.’s parents (plaintiffs) initiated a products-liability lawsuit against the companies, alleging that the companies were liable for the harm caused to J.K.B. by the companies’ Factor VIII products on the grounds of negligent manufacture, negligent failure to warn, and strict liability. The companies filed a motion for summary judgment on the strict-liability claim, arguing that they were protected from liability under Indiana’s blood-shield statute (the statute). Specifically, the companies claimed that their provision of Factor VIII products constituted a service rather than a sale of the products and that each company constituted a storage facility for the purpose of the statute. Furthermore, the companies asserted that because they were licensed by the Food and Drug Administration (FDA), they met the statutory requirement to be licensed under the laws of any state. The court granted the companies’ motion, and J.K.B.’s parents appealed.

Rule of Law

Issue

Holding and Reasoning (Robertson, J.)

Concurrence (Chezem, J.)

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