Personal Injury Law

$12.5 Million AIDS Transmission Judgment

By Jane Akre

The case that established liability for giving someone AIDS has concluded with a $12.5 million judgment.

"John B" and "Bridget B" have had their sexual history paraded before the courts for the last six years. Based on their case, the justices of the California Supreme Court ruled in 2006 that people could be held liable for failing to inform a partner of previous risky sexual behavior.

"John B." acted with fraud and malice and was ordered by a Los Angeles County Superior Court judge Friday to pay his ex-wife $5 million for future loss of earnings and $7.5 million in damages. The wife had justifiably trusted her husband, the judge ruled.

The 43-year old woman had tested negative for HIV and had only unprotected sex before meeting her husband in 1998. During their honeymoon in Bora Bora in October 2000, they reportedly had unprotected sex for the first time.

Two months later, feeling exhausted and with high fevers, "Bridget B" tested positive for HIV. At the time she thought she had given the virus to her husband.

But by 2002, she discovered "John B" had been visiting sexually-explicit homosexual Web sites.  She found e-mails showing he had unprotected sex with men he met over the internet before their marriage. He had not informed her of these encounters before their marriage and instead accused "Bridget B" of  giving him AIDS.

The L.A. County judge ruled that the husband acted with fraud and malice for failing to inform his wife of his previous risky sexual behavior.  The finding of fraud and malice ensures that the husband will have to pay his ex-wife even if he files for bankruptcy.

Bridget B has HIV, human immune deficiency virus, for which there is no cure. John B has full-blown AIDS. 

The U.S. Centers for Disease Control and Prevention (CDC), in 2006, began recommending patients in emergency rooms and doctors' offices be routinely tested for HIV, advice that is generally being ignored by most, said scientists at a conference last week. 

Only 5 percent of patients with signs of serious illness are being tested routinely in hospital emergency rooms for the virus that causes AIDS, according to the Forum for Collaborative HIV Research.

The studies found, among the top reasons for people ignoring recommendations is a) reluctance of many insurers to pay for the tests and b) perception by many that it takes too much time.

Point-of-Service testing involves a saliva test, followed by a blood test to confirm whenever possible. If the patient is charged for the test, the bill usually runs from $80 to $120. #

Full post as published by InjuryBoard on November 25, 2008 (boomark / email).