United States Court of Appeals, Ninth Circuit. Argued and Submitted February 2, 1994. Decided June 29, 1994.
In this case, we must decide a difficult question: under California law, at what point does a cause of action accrue, and what is the appropriate limitations period, for a medical malpractice action brought by a minor infected with the HIV virus? In December 1983, at the age of four years and three months, the appellant in this case, known as minor "S.S." ("Appellant"), received a blood transfusion at the Children's Hospital of Orange County ("Children's Hospital"). The blood had been supplied by the American Red Cross ("the Red Cross").