a)    Woman went into hospital for delivery of baby by caesarean.  She had a blood transfusion.  She later discovered she got hepatitis from the transfusion.
b)    There were two tests available to test the blood for hepatitis, but such tests were not required by the FDA until a months after her surgery.  They did not require the tests at the time she had the transfusion.
c)    The blood bank claimed that since the tests were not required by the FDA when she received the blood, they fulfilled all of their responsibilities in giving the requisite standard of care.
d)    Blood bank showed that the tests were not required by the FDA at that time.  Plaintiff showed evidence that the tests had been used in the community for a while, even though not required by the FDA.
e)    Court said that compliance with federal minimum standards is not conclusive in establishing the standard of care to be used by blood banks.  It is only one factor considered in determining the standard of care.  The court said the blood bank lagged behind in adopting these tests and that it needed to go to trial – no summary judgment b/c following FDA standards is not conclusive of the standard of care.