Liability for Hepatitis After Blood Transfusion
Summary. I) Only a very limited amount of all cases of so-called "post- transfusion-hepatitis" (pth) is really due to infectivity of the transfused blood. Regardless of the mostly unknown true source of the infection, the occurrence of "pth" for itself does not qualify the recipient a n d / o r his illness-insurance company for a legitimate action for damages against the blood bank under current West Germany Federal Law.
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All West German blood banks are obliged by Federal Law to insure themselves against strictly defined damage claims. Their damage-insurance companies are not entitled to pay compensations to the illness-insurance companies of any victim of "pth" without meticulous investigation of the exact circumstances if expenses exceeding the legally defined limitations are included in the premium of damage-insurance charged to the blood banks.
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Since nearly all inhabitants of West Germany are legally or voluntarily insured against illness, compensations paid by damage-insurance companies to illness-insurance companies are no appropriate means for any cost containment of the latter: The blood banks have no other choice than to calculate the additional premium costs into the costs of the blood units to be debited to the illness-insurance companies.