AIDS litigation

AIDS litigation

A generic term for any form of litigation initiated as a result of either:
• Wrongful HIV infection—e.g., through negligence or allegedly criminal acts, as might occur in transfusion-related HIV infection or infection from an HIV-infected partner.
• Discrimination against an HIV-infected person who is guaranteed constitutional rights under the Americans with Disabilities Act and other relevant legislation.
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The company publishes 40 newsletters in the fields of business/ finance, business/technology, employment, insurance, product liability, personal injury, and toxic tort and the environment, including such titles as Asbestos Litigation Reporter, AIDS Litigation Reporter, Drug Recall Litigation Reporter and Antitrust Litigation Reporter.
Attorneys handling AIDS cases will want to review a new study released recently by the Kaiser Family Foundation: "The AIDS Litigation Project III: A Look at HIV/AIDS in the Courts of the 1990s.
Prepared by Professor Lawrence Gostin and colleagues at the Georgetown University Law Center, the study provides summaries and analyses of 310 cases litigated in federal and state courts between January 1991 and June 1996 and shows how each case fits into overall trends in AIDS litigation.
This chapter also succinctly covers the kinds of witnesses that are required in transfusion-associated AIDS litigation.
Claims against laboratories and doctors by patients who say they suffered devastating injuries after erroneously being told they were HIV-positive are on the rise, according to AIDS litigation experts.
Wayne Spivey, who chairs ATLA's AIDS Litigation Group, agreed.
Bethesda attorney Robert Jenner, former chairman of ATLA's AIDS Litigation Group, said that no one really knows what the chances are of receiving the wrong blood.
Plaintiffs have won most fear-of-AIDS cases, said Robert Jenner, a Bethesda, Maryland, lawyer and head of ATLA's AIDS Litigation Group.
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