The procuring, furnishing, donating, processing, distributing or the using of human whole blood, blood plasma, blood products, blood derivatives, corneas, bones or organs or other human tissue for the purpose of injecting, transfusing or transplanting any of them in the human body, is declared for all purposes to be the rendition of a service by every person, firm or corporation participating therein, whether or not any remuneration is paid therefor, and is declared not to be a sale of any such items and no warranties of any kind or description shall be applicable thereto.
W. Va. Code § 16-23-1
Procuring, etc., human blood, etc., organs or other human tissue declared not a sale; warranties inapplicable
Applied in 4 court decisions — leading case 73 Md. App. 1 - Roberts v. SUBURBAN HOSPITAL ASS'N, INC. (1987)
Most recently applied in Am. Nat. Red Cross v. Asd Spec. Healthcare (March 2004)
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: West Virginia Legislature. Reproduced from public-domain West Virginia statutes; confirm against the official source for the current text. Not legal advice.