A 32-year-old male repeat whole blood donor is found to be positive for HIV through nucleic acid testing, but he has been test-negative for HIV 1/2 antibodies and for HIV p24 antigen on several prior...

A 32-year-old male repeat whole blood donor is found to be positive for HIV through nucleic acid testing, but he has been test-negative for HIV 1/2 antibodies and for HIV p24 antigen on several prior donations. Before all testing is completed, he returns to the blood collection center to donate HLA-matched platelets. At registration, the staff person notices that his prior record indicates his deferral status. She informs the donor that he is not eligible to donate the platelets. The donor is shocked and embarrassed by the news and storms out of the center. Two weeks later, the donor sues the blood center for intentional infliction of emotional distress.

1. Is the donor likely to be successful?

2. Are there other bases on which suit can be brought?

3. Are there established standards for preventing such an occurrence?