16 at the Blood Bank80; ii) the codes assigned to each donor on June 22, 1998, including that of HS81; iii) the contradictions found in the registers available on the donor from whom the platelets given to TGGL originated82; iv) the absence of an entry on the time when HS’s blood was received and on the tests performed on June 22, 1998 on HS’s blood83; and the absence of an entry in the medical history, of the “identity stickers on the blood units.” 84 76. In addition to the above points, the expert witnesses pointed out that according to the Manual of Rules for Banks, Blood Deposits and Transfusion Services, the following tests are obligatory before a transfusion: “determination of blood group and Rh, tests for syphilis, surface antigen for Hepatitis B, antibodies for Hepatitis C, antibodies for HIV, antibodies for Chagas, a malaria study in certain cases, and the said tests cross matched.”85 77. With respect to the existing HIV tests, they pointed out that the most common methodology in the world is ELISA, in which a positive result is confirmed with a Western Blot test. They emphasized that these tests have a 99.3% accuracy and 99.7% specificity. The frequency of false negatives among a low prevalence population is around 0.0001%. They added that there are other tests –such as those at the Red Cross Blood Bank – called “rapid” which provide accuracy between 95.2% and 98.6% and a specificity of 98.6%. They indicated that the advantages are quick results, low cost and the ease of performance. They pointed out however that the purpose of these tests was to identify and exclude potentially infected products. They 80 Annex 2. Court File. Second Criminal Court of Cuenca. Incorporated into Annex 1, Court File. Civil Action No. 323 05. Superior Court of Justice of Cuenca. First Chamber. Expert witness report of August 16, 1999, of Drs. Juan Peralvo Roman and Nardo Vivar Idrovo. Folios 67 to 74. On this point, the expert witnesses said that “what is taken is recently extracted total blood or blood extracted witinin a maximum of six hours.” According to the procedures described by the expert witnesses, “from one unit of fresh complete blood initially extracted from a donor, we obtained 3 sections separated into 3 different bases: one globular bag (red globule concentrate), one platelet deficient and one platelet concentrate)”. They added that “spinning timing is exact, but the time needed for the Blood Bank to give the platelets varies (but in any case it should be done within 6 hours from extracting blood from the donor) since it will depend on the working conditions, the following circumstances should be considered: firstly have available (as in the case under investigation) two donors of the same blood group as the recipient, since two platelets concentrate have been requested (...) (illegible) in this time all the tests should be performed (...) (illegible), on the donor (antibodies for HIV/AIDS, antibodies for Hepatitis C, antigens for surface Hepatitis B, syphilis tests, etc) and all this in addition to the rest of the Blood Bank’s work.” This additional work was described by the expert witnesses who concluded that the foregoing depended on the staff available at the Blood Bank. 81 Annex 2. Court File. Second Criminal Court of Cuenca. Incorporated into Annex 1, Court File. Civil Action No. 323 05. Superior Court of Justice of Cuenca. First Chamber. Expert witness report of August 16, 1999, Drs. Juan Peralvo Roman and Nardo Vivar Idrovo. Folios 67 to 74. On this point, they indicated that this information was taken from the Azuay Red Cross Blood Bank’s computer printout and from photocopies of forms filled out by the donors. At the Blood Bank they were told that “they did not have a copy book.” 82 Annex 2. Court File. Second Criminal Court of Cuenca. Incorporated into Annex 1, Court File. Civil Action No. 323 05. Superior Court of Justice of Cuenca. First Chamber. Expert witness report of August 16, 1999, Drs. Juan Peralvo Roman and Nardo Vivar Idrovo. Folios 67 to 74. On this point they indicated that these contradictions were based on a situation impossible in scientific terms, and under the name of the staff member who had taken one of the samples which, according to the statements, was not present during working hours. They added that “in the Blood Bank, there is no registry recording the time at which the blood units were taken from the donors.” 83 Annex 2. Court File. Second Criminal Court of Cuenca. Incorporated into Annex 1, Court File. Civil Action No. 323 05. Superior Court of Justice of Cuenca. First Chamber. Expert witness report of August 16, 1999, of Drs. Juan Peralvo Roman and Nardo Vivar Idrovo. Folios 67 to 74. On this point, the expert witnesses indicated that “according to oral information from Dr. Pablo Monsalve and Mrs. Mariana Ramírez, the urgent tests performed from 18hrs onwards (...) were not recorded in any registry or book; but they stated that they were performed by the duty personnel and were recorded the next day.” 84 Annex 2. Court File. Second Criminal Court of Cuenca. Incorporated into Annex 1, Court File. Civil Action No. 323 05. Superior Court of Justice of Cuenca. First Chamber. Expert witness report of August 16, 1999, Drs. Juan Peralvo Roman and Nardo Vivar Idrovo. Folios 67 to 74. 85 Annex 2. Court File. Second Criminal Court of Cuenca. Incorporated into Annex 1, Court File. Civil Action No. 323 05. Superior Court of Justice of Cuenca. First Chamber. Expert witness report of August 16, 1999, Drs. Juan Peralvo Roman and Nardo Vivar Idrovo. Folios 67 to 74.

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