What is the current state of the law on disclosing identifying information of HIV/AIDS patients who donated blood to a plaintiff?

Ontario, Canada


The following excerpt is from Sharpe Estate v. Northwestern General Hospital, 1990 CanLII 8091 (ON SC):

The issue arose again in Gulf Coast Regional Blood Center v. Houston, 745 S.W. 2d 557 (Tex. App. 1988), upon which counsel for the plaintiffs before me also relies. In that case, the family of the deceased was suing a doctor, a hospital and a regional blood centre based on the allegation that the deceased died from blood transfused into him that was contaminated with the AIDS virus. The plaintiffs alleged both negligence and strict liability against the defendants. The court of first instance ordered the blood center to disclose: (1) the names and addresses of any donor of blood to the decedent that was known by (the defendant) to have AIDS; (2) the names and addresses of any donor of blood to the deceased whose AIDS status was unknown or was not available to (the defendant); (3) any other information from any individual or entity that (the defendant) believed knew the AIDS status of any of the donors who donated blood to the decedant; and (4) to plaintiff's attorney, by number, the test results and all documents pertaining to those donors who tested negative for AIDS, but (the defendant) did not have to give identifying information on any of these donors.

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