New York’s blood shield statute bars product liability lawsuits not only against laboratories that supply blood and the hospitals and doctors who transfuse patients, but also against “fractionators,” which process and distribute blood products, a Manhattan Supreme Court justice has ruled in statewide litigation over allegedly contaminated blood.
In dismissing strict liability and breach of warranty causes of action, Justice Karla Moskowitz said that Public Health Law �580(4) does not only regulate clinical laboratories and blood banks, but also the fractionators.
