Transfusion-Associated AIDS.

Robert K. Jenner and contributing authors Lawyers & Judges Publishing Co., P.O. Box 30040, Tucson, AZ 85751-0040. 346 pp., $65.

Reviewed by Martin M. Berman

In law school, students are always directed to hornbooks to supplement the case-study method. Who could forget Corbin on Contracts or Prosser on Torts? Tranfussion Associated AIDS, by attorney Robert Jenner and several contributing authors, is a hornbook for both lawyers and nonlawyers who want to know about litigation involving transfusion of HIV-tainted blood.

Although there have been many books written about AIDS and, specifically, transfusion-associated AIDS, none are quite as easy to read as this one.

Part I includes a concise overview of blood products and the blood resources systems and a chronology of AIDS.

Part II, "Evaluating the Case," addresses procedural considerations. It includes in excellent analysis of the statute of limitations problem in these cases and whether or not blood banks are considered health care providers for purposes of these statutes.

A discussion on protective orders addresses the issue of confidentiality. The authors argue that although protective orders are appropriate under certain conditions, they are usually not necessary in transfusion-associated AIDS cases. The authors note that because most defense documents are in the public domain, protective orders are of dubious benefit.

The heart of the book lies in Part III, "Liability." Here, the authors discuss blood bank and physician liability as well as standards of care that might apply in various jurisdictions. This section also covers why and how donor discovery should be handled.

A chapter in this section entitled "Trial" covers pretrial issues; motions by defendants; the trial brief; and the trial, including the importance of voir dire. This chapter also succinctly covers the kinds of witnesses that are required in transfusion-associated AIDS litigation.

The authors also review hemophilia-associated AIDS and liability for transmission of AIDS through sexual contact or exposure to HIV by means other than transfusion of a blood product. Various liability theories are brought to the attention of the reader, including liability for infecting sexual partners, transmission of HIV by dentists, delay in diagnosis or negligent diagnosis of HIV, and failure to "look back"--trace infected blood back to the donor and then trace that donor's other blood donations.

The state of the law with respect to fear of AIDS is analyzed as well as the issues concerning HIV-infected people's rights, including discrimination by health care providers and employers.

Two of the book's highlights are the endnotes and appendixes. The endnotes provide a vast source of references for any unanswered questions. The references include cases, medical texts, statutes, and reports prepared by public health services and the Centers for Disease Control and Prevention. The documents in Appendix A would be valuable in all cases. The authors have selected what appears to be the most important of thousands of documents generated in cases between 1981 and 1985.

Appendix B is a sample client information sheet that would be helpful to an attorney conducting the initial client interview Other appendixes include a sample complaint, voir dire material, and a glossary.

Although the book is shorter than other books on the same subject, its concise coverage should make it attractive to busy lawyers and others interested in an overview of AIDS and AIDS litigation. The book draws on the experience of trial attorneys and contributes to the distribution of easily accessible, up-to-date information about HIV litigation.