Legally , HIS are confident that Jws have covered their asses.
From a source I have spoken to (fwiw), I get that same feeling. They are confident and feel that legally - public perception aside - they are covered. Also there is confidence that because of the WT legal restructuring, the assets (ie money) are safe. It was a confidence many here might find disheartening.
They have a non-spoken policy in place to allow minors to be transfused (the days of kidnapping kids from hospitals are long over).Any other liability is satisfied by the policy of Jws being told constantly that it is a conscience matter & the absolute right of a competent adult in most countries to decide his / her medical treatment.
The following is just my observations on how this looks to play out:
Because of the above the blood policy may be becoming a moot point already. The WT has gone to great lengths lately to put in writing that it is a JW's personal decision. In fact I think it used that exact phrase or something very similar in the last km on blood, and then stressed the personal decision aspect throughout. So from this point on I think they will lay the decision totally on the individual. Advances in medicine will meet them half way and bail them out. They will never publicly renounce the blood doctrine, so for those who died in the past...oh well and good luck trying to find the assets if you try to sue.
We know the how this actually plays out in practice, but as we speak legally they are establishing a document trail that lays it at the feet of the individual for future would-be cases.
I also find it interesting that the lawyers are now arguing not so much in defense of the doctrine itself, but instead on the right and in defense of the adult JWs and parents to make a personal decision, thusmitigating the legal backlash should the patient or parent wake up from the WT fog one day and try to sue. In other words, "Hey it was always your personal decision".
I have to wonder about the conscience of those behind this.
Axel