JOHN SMITH AND MARY SMITH, INDIVIDUALLY AND ON BEHALF OF THEIR MINOR CHILD, JACK SMITH, APPELLANTS,
v.
SOUTHWEST FLORIDA BLOOD BANK, INC., APPELLEE
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The Smiths appealed the dismissal of their negligence action against a blood bank that supplied HIV-contaminated blood products to their infant son, arguing the medical malpractice statute of limitations should not apply. The appellate court affirmed dismissal, holding that a blood bank is a health care provider subject to Florida's medical malpractice statute of limitations.
The court held that Southwest Florida Blood Bank is a health care provider that rendered medical treatment, diagnosis, or care to the Smiths' child, and therefore the medical malpractice statute of limitations applies. The court affirmed the trial court's dismissal of the complaint with prejudice.
[1] A blood bank that supplies blood components for medical treatment is considered a health care provider for purposes of the medical malpractice statute of limitations.
[2] The medical malpractice statute of limitations applies to actions against a blood bank that supplies blood components used in a patient's medical treatment.
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Join FLexlaw to unlock all legal intelligence“We find that Southwest is a health care provider that rendered medical treatment, diagnosis, or care to the Smiths' child”
The court's holding that the blood bank qualifies as a health care provider for statute of limitations purposes.
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Join FLexlaw to unlock all legal intelligenceIn February 1984, the Smiths' infant son received cryoprecipitate (a blood component) from Southwest Florida Blood Bank while hospitalized for suspect…
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HALL, Judge.
The appellants John and Mary Smith challenge the order dismissing their cause with prejudice due to the running of the statute of limitations. The Smiths contend that the trial court erroneously applied the medical malpractice statute of limitations because their cause of action sounds in negligence.
In February 1984, the Smiths’ infant son was hospitalized for suspected spinal meningitis. During his hospitalization, the infant received ten units of cryoprecipitate, a blood component derived from donated human blood, supplied by the appellee Southwest Florida Blood Bank, Inc. In April 1986, the Smiths were informed that the cryoprecipitate their son had received had been derived from the blood of a donor who had tested positive for the human immunodeficiency virus, which virus causes acquired immune deficiency syndrome. That same month, the Smiths’ son’s blood tested HIV positive. In January 1990, the Smiths filed a complaint for damages against Southwest. In response, Southwest filed a motion to dismiss alleging that it is entitled to reliance on section 95.11(4)(b), Florida Statutes (1989), the medical malpractice statute of limitations, because it is a health care provider or, in the alternative, it is in privity with the health care provider hospital at which the Smiths’ son received the cryoprecipitate. The trial judge granted the motion to dismiss, finding that Southwest was in privity with a provider of health care as contemplated by section 95.-ll(4)(b). Consequently, the judge dismissed the Smiths’ complaint with prejudice because it had been filed more than two years from the time the Smiths had knowledge of both the incident giving rise to the cause of action and the injury that allegedly resulted from that incident.
By this appeal, the Smiths contend that their action against Southwest is not an action sounding in medical malpractice as it did not arise out of medical diagnosis, treatment, or care by a provider of health care. Relying on Durden v. Am. Hosp. Supply Corp., 375 So. 2d 1096 (Fla. 3d DCA 1979), cert. denied, 386 So. 2d 633 (Fla.1980), they contend Southwest is merely a supplier of a commodity which eventually reached the Smiths’ son through purchase and sales channels. Thus, the Smiths conclude, Southwest cannot be held to be in privity with the hospital because, as a sup plier of a commodity, its liability to the Smiths is separate and distinct from any liability the hospital may have.
As we have stated in Silva v. Southwest Fla. Blood Bank, Inc., 578 So. 2d 503 (Fla. 2d DCA 1991), we do not agree with the reasoning in Durden and have certified conflict therewith. We again certify conflict with Durden in reaching our decision herein.
We find that Southwest is a health care provider that rendered medical treatment, diagnosis, or care to the Smiths’ child, and we adopt our explanation of this finding as set forth in Silva v. Southwest Fla. Blood Bank, Inc. In light of our finding that Southwest is a health care provider, we do not find it necessary to reach the issue of privity. We affirm the trial court’s dismissal of the Smiths’ complaint.
Affirmed.
SCHOONOVER, C.J., and DANAHY, J., concur.
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Silva v. Sw. Fla. Blood Bank, Inc., 601 So. 2d 1184 (Fla. 1992)…BARKETT, Justice. We have before us the consolidated cases of Silva v. Southwest Florida Blood Bank, Inc., 578 So. 2d 503 (Fla. 2d DCA 1991), and Smith v. Southwest Florida Blood Bank, Inc., 578 So. 2d 501 (Fla. 2d DCA 1991), because of direct and express conflict with Durden v. American Hospi [*1186] tal Supply Corp., 375 So. 2d 1096 (Fla. 3d DCA 1979), cert. denied, 386 So. 2d 633 (Fla.1980).1 The issue to be decided in both cases is whether blood b…
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Padgett v. Civitan Reg'l Blood Ctr., Inc., 611 So. 2d 114 (Fla. 1st DCA 1993)…ctice statute of limitations, appellee being a “health care provider” within the meaning of that statute, and relying on Silva v. Southwest Florida Blood Bank, Inc., 578 So. 2d 503 (Fla. 2d DCA 1991), and Smith v. Southwest Florida Blood Bank, Inc., 578 So. 2d 501 (Fla. 2d DCA 1991). Appellant appeals the entry of final judgment in favor of appellee. We vacate the judgment and remand for further proceedings in light of Silva v. Southwest Florida Blood Bank, Inc., 601 So. 2d 1184 (Fla.1992). VACATED and REMA…
Authorities Cited
- Durden v. Am. Hosp. Supply Corp., 375 So. 2d 1096 (Fla. 3d DCA 1979)
- Silva v. Sw. Fla. Blood Bank, Inc., 578 So. 2d 503 (Fla. 2d DCA 1991)