CHAPTER 656
An Act for the relief of Mrs. Colie Hamlett Harris and others.

[H 325]
Approved April 4, 1952

Robert G. Harris, of Phenix, Charlotte County, age 81, was admitted
to the hospital division of the Medical College of Virginia on October 16,
1951, for treatment as a paying patient, and having received two blood
transfusions following his admission to the hospital appeared to be greatly
improved, until, on November 2, 1951, an employee of the hospital through
mistake began giving Mr. Harris another blood transfusion, of type A
blood rather than the proper type—type O. As a result of this mistake,
Mr. Harris died at 6:00 p. m. on November 2, 1951. The chief medical
examiner having made a post mortem examination of Mr. Harris, and,
in a signed statement, declared the manner of death to be an accident
and the probable cause of death to be due to “hemocytic transfusion
reaction”; and

The death of Mr. Harris was caused by the negligence of the attendant
employed by the hospital who mistook the patient for another person of the
same name on that floor, and continued the treatment despite the protesta-
tions of Mr. Harris; and the hospital has since taken measures to prevent
the occurrence of such events in the future; and

Mr. Harris prior to his death was operating a farm and receiving a
good income therefrom, and is survived by a widow who is unable to earn
her livelihood; and

Mrs. Colie Hamlett Harris, who has been made a widow through the
negligence of the hospital, and others have no recourse at law since the
hospital is immune from suits as an instrumentality of the State despite
the fact that Mr. Harris was a pay patient therein; now, therefore,

Be it enacted by the General Assembly of Virginia:
1. There is hereby appropriated from the general fund of the State
Treasury for the relief of Mrs. Colie Hamlett Harris and others the sum of
five thousand dollars to be paid by the State Treasurer on checks drawn
pursuant to warrant issued by the comptroller as provided by law into the
circuit oral for the county of Charlotte for distribution as hereinafter
provid
First, the court shall direct the payment of all proper court costs
incident to such distribution. The court shall then direct in what propor-
tion the remainder shall be distributed to the surviving wife, Mrs. Colie
Hamlett Harris, and children and grandchildren of the deceased. Among
the distributees the court shall have absolute discretion as to who shall
receive the whole or any part of such remainder. In determining the
shares of the distributees, however, the court shall give due consideration
to all reasonable and proper medical, hospital and funeral expenses
incident to the death of Robert G. Harris which shall have been paid or
advanced by any such distributee.