Document Type
Article
Media Type
Text
Abstract
A-positive to O-negative, men who have sex with men face an uphill battle when attempting to give the greatest gift of all, life itself. Current FDA regulation places a twelve-month deferral on MSM from their last sexual encounter. Many previous articles seek to attack the constitutionality of this ban; others seek to recommend reducing the ban; still others advocate no change. This article differs from these, however, by assuming the constitutionality of the ban and, instead, advocating protection for blood manufacturers who, under certain narrow but extreme circumstances, are justified in taking donations from high-risk donors.
First Page
396
Last Page
435
Publication Date
4-1-2018
Department
College of Law
ISSN
0734-1490
Language
eng
Publisher
Northern Illinois University Law Review
Recommended Citation
Mertzenich, Andrew J.
(2018)
"Banned from the IV League: Advocating the Extension of the Choice of Evils Defense to Protect Blood Manufactures from Liability for Taking Donations from Individuals at "High-risk" of Transmitting Human Immunodeficiency Virus (HIV) During Times of Extreme Emergency,"
Northern Illinois University Law Review: Vol. 38:
Iss.
2, Article 2.
Suggested Citation
Andrew J. Mertzenich, Comment, Banned from the IV League: Advocating the Extension of the Choice of Evils Defense to Protect Blood Manufactures from Liability for Taking Donations from Individuals at “High-risk” of Transmitting Human Immunodeficiency Virus (HIV) During Times of Extreme Emergency, 38 N. Ill. U. L. Rev. 396 (2018).
