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Lawsuit: Oahu man HIV-positive after blood transfusion

STAR-ADVERTISER / JAN. 2015

The Blood Bank of Hawaii on Dillingham Blvd. An Oahu man is suing the Blood Bank of Hawaii, the American Red Cross and others, alleging he became HIV-positive from a blood transfusion during bypass surgery in 2011.

A man’s lawsuit against Blood Bank of Hawaii, the American Red Cross and others alleges he became HIV-positive from a blood transfusion during bypass surgery in 2011.

In 2013, the man tested positive for HIV with AIDS, the lawsuit said. The blood bank and Red Cross provided blood-transfusion products to hospitals in Hawaii, including the one where he underwent surgery, the lawsuit said. Other unidentified corporations and agencies are defendants.

The defendants “failed, neglected, and/or refused to conduct a full and complete screening and testing of the blood that was transfused into” the man, according to the lawsuit, which was first filed in state court last year, but was transferred to federal court earlier this week at the Red Cross’ request.

A hearing is scheduled for March 31.

American Red Cross spokeswoman Kara Lusk Dudley said in a statement that their investigation has found that the claims against the organization have no merit.

“The safety of American Red Cross donors and recipients of blood products is our top priority,” the statement said. “The Red Cross performs laboratory tests for multiple infectious disease markers, including HIV, on every unit of donated blood.”

Attorneys will fully investigate the allegations, Blood Bank of Hawaii said in a statement.

“Safety of the blood supply is paramount and we work diligently each day towards zero-risk for all patients in need of blood,” the statement said. “There is approximately a 1 in 2 million chance of contracting HIV through a blood transfusion. … Nationally, there have been fewer than 10 cases of HIV being transmitted through a blood transfusion since 1999 with more than 20 million blood components being transfused and screened each year.”

The statement said 13 tests – for infectious diseases including HIV – are performed on donated blood.

The Oahu man who is suing plus his wife and children are not identifying themselves. The lawsuit says doing so would subject them to public ridicule.

Attorneys for the plaintiffs couldn’t immediately be reached for comment.

41 responses to “Lawsuit: Oahu man HIV-positive after blood transfusion”

  1. serious says:

    I thought that Obama’s Health Department just cleared HIV people to give blood??? What gives??

  2. Tita Girl says:

    Blood transfusion in 2011…tested positive for HIV in 2013. I hope Wifey got herself tested too.

    • ellinaskyrt says:

      I would think it would be pretty easy to prove that Plaintiff wasn’t infected through the blood transfusion, because the Blood Bank tracks each bag. If no one else was infected by blood given by the same donor, then the he’s got very poor grounds.

    • cardoc says:

      I was thinking the same thing! How did he find out and what was he being tested for to find the HIV.

  3. hilopango says:

    Sounds hinky to me.

  4. Carang_da_buggahz says:

    I think if the man is going to accuse Blood Bank of Hawai’i and the American Red Cross of negligence and he stands to gain a substantial sum then he should be identified publicly. This crap about suing with impunity only encourages more frivolous suits with the promise of a payday. He’s smearing these organizations’ good name. Turnabout is fair play.

  5. google says:

    There might be some deception and lies by the one who got infected by HIV. He wants the huge amounts of money for his treatment of his HIV.

  6. SueH says:

    This “victim” is in ultimate denial! How can he prove conclusively he contracted the HIV virus from a blood transfusion in 2011? Maybe he’d like to BELIEVE he was infected by tainted blood, but he should take a closer look at those he’s been intimate with in the past few years. It’s much more likely he contracted HIV from his BEHAVIOR and sexual practices, rather than from highly screened and carefully analyzed Blood Bank blood.

    • csdhawaii says:

      Comments like this is why he chose to remain anonymous…maybe he did get it from somewhere else, but maybe not. There’s no way you can know that, though, so should reserve making such accusatory remarks.

      • cardoc says:

        20 million components transfused each year only 10 cases of HIV reported because of transfusions. I don’t need to reserve my remarks, the numbers do the talking

        • csdhawaii says:

          So you’re saying there’s a chance. Thanks for confirming, even though I wasn’t replying to anything you said.

        • localguy says:

          Receiving blood is safer than driving, other life events. Not to worry.

        • sailfish1 says:

          What the numbers say is that getting HIV from a blood transfusion is a lot easier than winning PowerBall. Didn’t we have 3 or 4 winners in the big PowerBall recently?

        • klastri says:

          What year are you talking about? I don’t believe there were any transmissions in 2015 from the blood supply. The testing is much better each year. Your number may be accurate from around 2008?

      • SueH says:

        csdhawaii, I’m simply suggesting promiscuous behavior could have led to his HIV infection, just as he is suggesting the blood bank was to blame. There was nothing “accusatory” in my comment; it only offered my opinion, to which I’m entitled. It will be very difficult to prove in court that the blood bank was a fault because there is none of the suspected blood available to test. By bringing the lawsuit, I suspect (again, just my opinion) the hopes the Blood Bank will pay him off just to make him “go away” and avoid trial. And by the way, YOU have no idea “why he chose to remain anonymous”, yet speculate you know the reason.

        • PTF says:

          That’s probably the plan between the man and his attorney is to get an out of court settlement. Most entities with deep pockets usually settle out of court than going through a lengthy and expensive court trial.

  7. islandsun says:

    obviously it is not as safe as led to believe.

  8. localguy says:

    This is so laughable. Hard to tell who is the bigger babooze, the defendant or his loser attorney. Notice how zero, nada, no proof the defendant had been free of aids from a previous blood test prior to the surgery. Meaning he has been cheating on his wife, using hookers, and finally got caught big time.

    Red Cross can prove the blood he was given was free of aids from their testing records. Hospital will also have to prove it did not contaminate the defendant during his medical work. There is a chance the hospital failed to ensure all their equipment was sterilized to standard.

    Just another low life babooze who lets his “Little Head” do all his thinking. Deal with it. Take your meds, you will be just fine.

  9. sailfish1 says:

    “There is approximately a 1 in 2 million chance of contracting HIV through a blood transfusion” – the chances of winning PowerBall is 1 in 292 million and yet 3 or 4 people won the gigantic PowerBall. Therefore – people CAN GET HIV from blood transfusions.

  10. HAJAA1 says:

    SERIOUSLY?? There is a chance after all? Isn’t it supposed to be 101% for these things? You won’t ever see me there again.

    • RetiredWorking says:

      HAJAA1, if you didn’t know by now, and if you read the article, blood donors have not been afflicted with HIV. Your ignorant response will probably scare away more than a few people who were considering donating blood products. Nice job, winer. I’m an informed lifelong blood donor, so unintelligent remarks won’t scare me away from saving lives and doing community service by donating blood.

      • Harlots says:

        A while back I was fearful of donating blood but when my father needed some during a surgery, I realized how important it was. So I swallowed my fear and went for it. To find out that I have O type blood which can be used by everyone, especially babies. Became a regular donor ever since.

      • ALLU says:

        It might behoove the Blood Bank to hold a press conference and let the media see the many precautions, tests and checks/balances they employ for blood donors.

  11. PTF says:

    The question is why did this guy go get tested for AIDS? If he was faithful and only had his wife as a sex partner then there is no need for an AIDS test.

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