Gerald Jarvis v. Providence Hospital

Defendant appeals as of right from a jury verdict awarding damages to plaintiff under the wrongful death statute, MCL 600.2922; MSA 27A.2922. Plaintiff filed the underlying complaint as personal representative of the estate of his daughter, who died in utero after her mother contracted hepatitis while employed at defendant's laboratory. We affirm. Ann Jarvis, plaintiff's wife and the mother of plaintiff's decedent, was employed as a medical technician in defendant's laboratory. On October 27, 1982, while at work, Mrs. Jarvis cut her finger on a vial containing a bilirubin control substance. At the time, Mrs. Jarvis was approximately 3 1/2 months pregnant, with an expected delivery date of April 10, 1983. Although she immediately cleansed and bandaged the wound, Mrs. Jarvis did not file an accident report with her supervisor until two days later on October 29, 1982. It is undisputed that Mrs. Jarvis was not then given an injection of gamma globulin, a purified blood product effective in combating hepatitis.