The opinion of the court was delivered by: COPPLE
WILLIAM P. COPPLE, UNITED STATES DISTRICT JUDGE
1. Plaintiff, Dorothy Polikoff, is the wife of William Polikoff, deceased.
2. Mr. Polikoff and Mrs. Polikoff, as veterans, were entitled to medical care from the Veterans Administration.
3. Mr. Polikoff had a history of coronary artery disease dating back to 1963.
4. Mr. Polikoff was an inpatient at the University of California at San Diego (UCSD) between January 9 and January 21, 1984.
5. Dr. William Moores was employed by UCSD as a staff surgeon on the surgical service and as an associate clinical professor of surgery.
6. Dr. Moores was also employed as the Chief of Cardiothoracic Surgery, a part of the surgical service, at the Veterans Administration Medical Center at San Diego (VAMC).
7. Prior to Mr. Polikoff's admission to the surgical service at the UCSD, Dr. Moores had never treated Mr. Polikoff or consulted on his case at either the VAMC or UCSD.
8. Dr. Moores performed cardiac bypass surgery on William Polikoff at the UCSD on January 13, 1984.
9. None of the actions undertaken by Dr. Moores at the UCSD with respect to Mr. Polikoff were within the scope of his employment as a physician with the VAMC; nor were those actions under the control of the VAMC.
11. Mr. Polikoff received a blood transfusion during the bypass surgery at the UCSD on January 13, 1984.
12. The blood transfused into Mr. Polikoff at the UCSD was obtained by UCSD from the San Diego Blood Bank (SDBB).
13. As a result of the transfusion at the UCSD, Mr. Polikoff contracted Hepatitis-B and the virus for the Acquired Immunodeficiency Syndrome (AIDS).
14. Mr. Polikoff was discharged from UCSD on January 21, 1984.
15. Following Mr. Polikoff's discharge from the UCSD in January of 1984, Dr. Moores never treated Mr. Polikoff or consulted with respect to Mr. Polikoff's care at the VAMC.
16. In 1985, Mr. Polikoff expressed concern to a VAMC physician about his perceived inability to sexually satisfy Mrs. Polikoff.
17. Mr. and Mrs. Polikoff attended marital therapy sessions between January and June of 1986.
18. One of the primary purposes of these marital therapy sessions was to improve the nature and extent of Mr. and Mrs. Polikoff's ongoing sexual activity.
19. During this time period, Mr. and Mrs. Polikoff were having sexual intercourse.
20. Mr. Polikoff considered his sexual relationship with Mrs. Polikoff to be a major change item.
21. Mr. and Mrs. Polikoff's sexual relationship included vaginal penetration.
22. The medical testimony at trial indicated, to a reasonable degree of medical certainty, that Mr. Polikoff transmitted the AIDS virus and Hepatitis-B ...