HF 2453

1st Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to statute of limitations; reviving and 
  1.3             extending certain civil actions barred by the statute 
  1.4             of limitations. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  [ACTIONS FOR DAMAGES INVOLVING THE USE OF 
  1.7   CERTAIN BLOOD PRODUCTS.] 
  1.8      Notwithstanding any other law to the contrary, an action 
  1.9   for damages involving the use of blood products containing the 
  1.10  human immunodeficiency virus that is brought by the person who 
  1.11  received the blood products, the spouse or children of the 
  1.12  person, or the person's estate, that would otherwise be barred 
  1.13  before June 1, 1997, as a result of expiration of the applicable 
  1.14  period of limitation, is revived or extended.  An action revived 
  1.15  or extended under this section must be commenced before June 1, 
  1.16  1997.  This section does not apply to an action based in 
  1.17  contract or tort for malpractice, error, mistake, or failure to 
  1.18  cure against:  a nonprofit blood bank; a hospital, including the 
  1.19  parent entity or any affiliate entity of a hospital; a 
  1.20  physician, surgeon, dentist, or other health care professional, 
  1.21  as defined in Minnesota Statutes, section 145.61; or the regents 
  1.22  of the University of Minnesota.  This section does not apply to 
  1.23  an action against a nonprofit organization that was staffed only 
  1.24  by volunteers to the extent that the action was based on the 
  1.25  dissemination of information by the volunteers about the use of 
  2.1   blood products. 
  2.2      Sec. 2.  [EFFECTIVE DATE.] 
  2.3      Section 1 is effective the day following final enactment.