Suit was filed against a blood-products supplier and a hospital claiming that two units of contaminated packed red blood cells were administered to a patient in 1986 and resulted in the patient contracting hepatitis C. The patient did not learn she had hepatitis C until 1993.

   The patient and her husband filed suit against the blood-products supplier and the hospital, for healthcare malpractice as well as products liability and breach of commercial sales warranties.

   The hospital sought dismissal of the suit, the hospital’s argument being that the suit, however artfully it was characterized by the plaintiffs and their attorneys, was in essence a healthcare malpractice action. As such, it was governed by state laws which mandated that certain procedures be followed prior to filing suit.

   The Court of Appeal of Louisiana agreed with the hospital’s position that the case was a healthcare malpractice action. State law explicitly stated that providing and administering human blood products was to be regarded by the courts as falling within the legal definition of the rendering of professional healthcare services. Cases involving allegations of contamination of human blood products are not to be characterized by the courts as strict liability products cases or as breach of commercial sales warranty cases.