431.069. Acquiring human tissues declared to be rendition of a service--transfusions or transplants declared not a sale--implied warranties, how limited.
Acquiring human tissues declared to be rendition of aservice--transfusions or transplants declared not a sale--impliedwarranties, how limited.
431.069. The procurement, processing, distribution or use ofwhole blood, plasma, blood products, blood derivatives and otherhuman tissues, including but not limited to corneas, bones,hearts or other organs for the purpose of injecting, transfusingor transplanting any of them into the human body is declared tobe, for all purposes, the rendition of a service by every person,firm, or corporation participating therein and, whether or notany remuneration is paid therefor, is declared not to be a saleof such whole blood, plasma, blood products, blood derivatives orother tissues, bones or organs for any purpose subsequent toenactment of this section. It is further declared that anyimplied warranties of merchantability and fitness for aparticular purpose shall not be applicable as to a defect thatcannot be detected or removed by reasonable use of scientificprocedures or techniques. Nothing herein shall relieve anyperson, firm or corporation from negligence.
(L. 1971 S.B. 7 § 1)(1992) Under statutes, the collection, processing and distribution of blood by American Red Cross is a service, not a sale of goods; therefore, an action for strict products liability is not available. Smith v. Paslode Corp., 799 F.Supp. 960 (E.D.Mo.).