PROTECTION FOR WHOM?

For several decades almost all the states have addressed the goal of ensuring an adequate supply of blood and blood products through the provision of “blood shield laws.” These laws shield the blood industry from strict liability in the case of viral or other contamination of blood or its components. These laws were passed with little regard for other considerations, such as safety incentives. This article traces the development of the blood industry, its influence on state and national blood policy, and the consequences of such policy for people infected with hepatitis and HIV through blood and blood products. The authors conclude that the closed nature of the policy process has had negative consequences for the creation of blood policy that should balance concerns of both supply and safety.