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TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4023
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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I have been donating blood products since 1993. More recently

Resolved Question:

I have been donating blood products since 1993. More recently plasma over the past 2 years. I had a conflict with an employ at a donor center more than once. The last incident has resulted in me being unjustifiably deferred based on, 1. Possible retaliation on the donor centers part based on a comment I made under duress and in tears that if she wasn't fired I wouldn't come back, 2. Misinterpretation of words I said to the centers assistant over the phone and later misconceptions of my current living situation. They claim to have deferred me because I am homeless, which I am in fact not. I can explain more if you need specific details.

I don't think I am comfortable going back to this center due to the degradation, stress, and embarrassment I feel because of this. I donate to plasma to help supplement my income. This has lost me approximately $60 per week for the past two weeks. It will affect me greatly in the long term. Being approximately $3,120 per year and $118,560 in total losses if I were to donate until I was 75 years of age and $87,360 if I were to donate until the age of 65. This is a tremedous loss I should not have had to incur due to the apparent retaliation against me. Even if it may be unintended, it feels as so it is.

Do you know as whether or not I may have grounds for a discrimination or retaliatory case against the plasma company for losses and or additional settlement and lawyer fees?
Submitted: 2 years ago.
Category: Legal
Expert:  TexLaw replied 2 years ago.

Hi,

Thank you for your question. I'm sorry to be the bearer of bad news, but you do not have a claim against the donation centers based on what you've told me. As a donor, you are not entitled to make donations and the centers may refuse to take your donations for any reason they find necessary. I

Don't shoot the messenger.

-ZDN

TexLaw, Attorney
Category: Legal
Satisfied Customers: 4023
Experience: Lead trial/International commercial attorney licensed 11 yrs
TexLaw and 20 other Legal Specialists are ready to help you
Customer: replied 2 years ago.
I think I understand where you are coming from. I can prove they are wrong for deciding to defer me for their false reason of me being homeless. How can they be permitted to do it falsely?

I am also concerned they may have put me on a national deferral database also, which must to be illegal. I will find out if it specific with only the company donor center in question and not all centers tomorrow.
Expert:  TexLaw replied 2 years ago.

They have discretion to choose whomever they want to receive donations from unless the basis for their choosing is a based on racism or something similar. You don't have any right or entitlement to donate. This isn't like an employment situation, or like a government program situation. Their decision to not accept your donation, no matter what it is based on, does not trigger any rights that you have. Further, the situation does not fit into a claim for fraud or anything like that, because you do not have a right to the income from the donations.

Again, don't shoot the messenger. Sorry there's not better news I can give you.

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