TALLAHASSEE, Fla. (AP) - The Florida Supreme Court will decide
whether a blood bank should be held responsible for the death of a
7-year-old boy who died from West Nile virus contracted from a
An appeals court overturned a jury's negligence verdict. The
appellate judges ruled the lawsuit should have been filed as a
medical malpractice claim instead and that special procedures
required for that kind of case were not followed.
The argument Thursday will focus on whether the malpractice procedures apply even though Chase Fitchner received only blood,
not medical care, from a LifeSouth Community Blood Center in Alachua County.