AIDS Privacy Case Verdict

HIV and Medical Negligence

This case was heard before a jury before privacy (HIPPA) laws went into effect. Our male client had contracted the HIV virus, which was recorded in his medical records. These medical records were negligently placed in the wrong patient’s file and into another patient’s hands. As a result of the error, word of our client’s HIV status quickly spread in the community causing him to become embarrassed, depressed and ultimately causing him to withdraw from his daily activities. Before he sought the advice of Attorney Pellegrino, all he wanted was an apology from his doctor’s office. He did not receive one; and was essentially told that because he received welfare assistance, his privacy issues were not a concern. Subsequently, in an effort to seek justice, we filed a law suit against the doctor’s office for breach of our client’s right to privacy. Our client was by this time so consumed by AIDS that he would fall asleep during the trial. The jury, after hearing the case, was in tears.

Result: By the time of trial, our client received monetary damages, and died the day after signing his settlement check over to his daughter.

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