[Liability for hepatitis after blood transfusion (author's transl)]

Area of Science:

• Medical Law
• Hepatology
• Public Health

Background:

• Post-transfusion hepatitis (PTH) is a concern, but its infectious source is often unknown.
• Current West German Federal Law limits claims against blood banks for PTH.
• Blood banks are legally mandated to carry specific damage insurance.

Purpose of the Study:

• To analyze the legal and financial implications of post-transfusion hepatitis (PTH) in West Germany.
• To evaluate the effectiveness of current insurance and legal frameworks concerning PTH.
• To assess the cost-shifting mechanisms between blood banks, damage insurers, and illness insurers.

Main Methods:

• Legal analysis of West German Federal Law regarding blood transfusion liability.
• Examination of insurance obligations for West German blood banks.
• Financial assessment of compensation flows between insurance entities.

Main Results:

• A small fraction of "post-transfusion hepatitis" cases are definitively linked to infected transfused blood.
• Victims of PTH cannot automatically claim damages from blood banks under current law.
• Damage insurers for blood banks must meticulously investigate claims before compensating illness insurers.

Conclusions:

• The occurrence of PTH alone does not grant recipients grounds for legal action against blood banks.
• Blood bank insurance policies are designed for specific damage claims, requiring thorough investigation.
• Compensation payments from damage insurers to illness insurers do not effectively contain costs for illness insurance providers.