In September 1995, Donald Fisher donated blood to the Red Cross.  One month later he received a letter from the Red Cross advising him that his blood had tested positive for syphilis, a sexually transmitted disease.  Mr. Fisher and his wife immediately underwent separate testing at two additional local hospitals.  The tests for both of them came back negative for syphilis.  Fisher sued the Red Cross for infliction of emotional distress. 

Recently, the Ohio Court of Appeals ruled that Fisher cannot recover from the Red Cross.  The court ruled that even if the diagnosis of syphilis was incorrect, Fisher could not recover because his distress was caused by fear of a "nonexistent physical peril."