The first case is Tarrant County Hospital District v. Hughes, 734 S.W. 2d 675 (Tex. App. 1987). In that case, the family of the deceased was bringing a wrongful death action against a hospital, and the plaintiffs were alleging that the deceased was given blood transfusions by the defendant hospital using blood contaminated with the AIDS virus which caused the deceased's death. There were nine possible donors identified in that case. There, the plaintiffs had alleged both negligence in treating the deceased and also breach of an implied warranty to provide a wholesome blood product. The judge on the original motion issued an order compelling the defendant hospital to produce to the plaintiff certain documents identifying the names and addresses of the blood donors. That court also ordered the plaintiffs to not, directly or indirectly, contact any donor nor undertake further discovery regarding said donors until permitted to do so by further order of the court. The defendant appealed.
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