Can I still sue a plasma center for false reporting?

UPDATED: Oct 2, 2022

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Can I still sue a plasma center for false reporting?

I was banned and placed on a national deferred list stating that I tested positive for Hep B. I had gone prior to get an annual STD check. My results came back negative and I took the paperwork to the manger but he refused to view it seeing he wasn’t allowed to and I could no longer donate anywhere else. This was 7 years ago. This was my second income, due to the loss, I was unable to pay my bills and ultimately ended up homeless. I have also had an annual check every year since and still my results have remained the same,

negative for all blood born diseases.

Asked on July 29, 2019 under Malpractice Law, Arizona


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You may be able to sue for the actual dollar value of the lost income you can prove (e.g. with records of what you had been demonstrably making in the past); you cannot sue for the loss of your home or anything beyond the actual lost income. The reason for this is that the defendant (one you are suing) is only liable for the reasonably foreseeable consequences of their act(s)--i.e. what the average reasonable person would in advance anticipate would happen in the typical or general case like this. It is NOT common or foreseeable that a loss of the income from donating plasmal or blood would cause your homelessness--generally, the money from this is not enough to make the difference between homelessness and not. Further, the defendant is not liable for consequences under your, not its control--and that you were living so close to your economic margins, without sufficient cushion or reserve, is something you, not they did. So they are not laible for the homelessness, but only potentially for the actual loss of income you can prove.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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