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Johnson v. American Nat'l Red Cross a/k/a American Red Cross

In the absence of any evidence of exposure to a rare, undetectable HIV strain, the decedent's fears that she was infected with the virus were unreasonable as a matter of law.

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We granted certiorari to the Court of Appeals in Johnson v. American Nat. Red Cross, 253 Ga. App. 587 569 SE2d 242 2002, to consider whether it erred in applying McAllister v. American Nat. Red Cross, 240 Ga. 246 240 SE2d 247 1977, and Russaw v. Martin, 221 Ga. App. 683 472 SE2d 508 1996, to bar negligence claims against the defendant American National Red Cross a/k/a American Red Cross “Red Cross”. The suit arose from the Red Cross’s acceptance of blood from a donor who had lived in a region in Africa where a rare and undetectable strain of human immunodeficiency virus “HIV” was known to exist and the subsequent transfusion of such blood. For the reasons which follow, we affirm the judgment of the Court of Appeals upholding the grant of summary judgment to the Red Cross on the negligence claims.

The following facts giving rise to this suit are detailed in the opinion of the Court of Appeals. Prior to her death at age 75, Bernice Mantooth suffered from multiple serious medical conditions including emphysema, anemia, angina, breast cancer, heart disease, lung cancer, asthmatic bronchitis, diabetes, kidney failure, and pneumonia. On August 29, 1998, Mantooth went to the Cartersville Medical Center “CMC” emergency room complaining of chest pain and shortness of breath. She was examined by Dr. David Kim, who was on-call for her personal physician, Dr. Sam Howell, and she was diagnosed with exacerbation of emphysema.

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