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.
References in periodicals archive ?
Attorney Duncan Barr, San Francisco, an AIDS litigation expert, said the conflict between laws and good medicine must be resolved in the courts.
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.
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.
In the mid-1980s, reports began surfacing that some insurers were excluding AIDS from individual health insurance policies, according to Benjamin Schatz, an attorney in San Francisco who specializes in AIDS litigation. Some insurance companies have also denied coverage to single men who live in certain ZIP codes or who work in sterotypically gay professions like hairdressing, adds Schatz.
Although the book is shorter than other books on the same subject, its concise coverage should make it attractive to busy lawyers and others interested in an overview of AIDS and AIDS litigation. The book draws on the experience of trial attorneys and contributes to the distribution of easily accessible, up-to-date information about HIV 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.
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