Rogers v. Miles Labs
In Rogers v. Miles Labs., 116 Wn.2d 195, 802 P.2d 1346 (1991), the Court was confronted with a federal certified question, one asking whether strict liability was applicable to a for-profit pharmaceutical company for injuries that allegedly resulted from the processing and supplying of HIV-contaminated blood products. Id. at 197.
The Court wrote that:
"comment k justifies an exception from strict liability by focusing on the product and its relative value to society . . . . Some products are necessary regardless of the risks involved to the user. The alternative would be that a product, essential to sustain the life of some individuals, would not be available--thus resulting in a greater harm to the individual than that risked through use of the product. Blood and blood products fall into this category." Id. at 204 .