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Poole v. Alpha Therapeutic Corporation

United States District Court for the Northern District of Illinois
696 F. Supp. 351 (1988)


Facts

Stephen Poole was a hemophiliac. From 1974 to 1987, Poole managed his hemophilia by injecting an antihemophilic factor called factor VIII. Poole contracted acquired immunodeficiency syndrome (AIDS) and died in 1987. Poole’s estate (plaintiffs) sued the three companies (defendants) from which Poole purchased factor VIII over the course of his lifetime. Poole’s estate alleged that the defendants negligently solicited blood donors from high-risk populations, failed to screen and treat donated blood, and failed to warn Poole of the risk of contracting AIDS from their products. Poole’s estate moved to amend its complaint to add the additional theories of liability for negligence based on market share, concerted action, and alternate liability.

Rule of Law

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Issue

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Holding and Reasoning (Moran, J.)

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  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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