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

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