August 14, 2012

DC Man Misdiagnosed With HIV Settles $20M Suit

An HIV-negative man in Washington, DC, has settled a $20 million lawsuit for negligent emotional distress against Whitman-Walker Health, which falsely told him 12 years ago that he had HIV, The Washington Post reports. Terry Hedgepath sued Whitman-Walker in 2005 after he tested HIV negative at another clinic. A judge threw out that suit because Hedgepath had no physical injury resulting from the false HIV-positive diagnosis. In 2011, the DC Court of Appeals overturned that ruling saying patients can sue for emotional injury, which allowed the trial to move forward. The settlement was reached just a week before the case was to go to trial. Both parties said they reached their agreement “amicably” and declined to release details.

To read the article, click here.

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Previous Comments:

Foreverloved619, San Diego, 2012-09-23 00:50:11
So if he was tested for HIV, 12 years ago..how was his T-cells and viral loads being monitored...I think I'll go get a free test somewhere other then my doc office... 20 million!

Frederick Wright, Coachella Valley, 2012-08-23 09:54:06
I agree the the egos of the medical profession which cause this problem needs to be disapline. My problem is again does the patient have any responsablities to think,question and act. I like to let the POZ people know if he did settle out for 20 million or 10 million or 5 million here goes another waiting list for ADAP or another child that want have enough funding for a treatment option, truly this is any Belt Way Game where the law is used to line someone pocket to put women and children last.

Joe, Rio Grande Valley, 2012-08-22 13:49:54
The young man should just thank GOD for not having HIV and that is worth more than all the money in the world.

Tellitlikeitis, Ottawa, 2012-08-16 16:27:32
Jeff, you said "You have no one to blame about contracting HIV but yourself", but you have no idea how anyone became HIV+ except yourself. It's not your place to tell someone else who to blame because you are ignorant both about these circumstances and in general. Mind your business and focuss on your own life. I wish I had more space to talk about how we are miss directed at a very young age because of homophobia in society, especially in the USA without marriage laws to protect young gay boys

Denise, New York, 2012-08-16 15:00:48
Good for him. The stress alone was enough to kill him after living with a false diagnosis. Get the money honey

KingDavid, Toronto, 2012-08-16 14:00:08
This is about a Medical mistake. We should all be concerned about Medical errors, so good for this guy for continuing. There is a huge emotional drain in a law suit, let alone being told you have HIV. These are the stories of AIDS and they all need to be heard. The medical testing was sloppy at best. I agree that there is not a huge loss here, but I don't think it should be ignored. If our medical services are not accountable then they won't care about anything other than making money.

Aron, Eugene, 2012-08-16 12:16:52
My bad, it's his damn fault that he waited 5 years before getting re-tested to get the negative result. When I first got tested and was told I was positive I went out and had 2 more tests done, just to make sure. HIV is not something that you play with. Again, I still agree with the first judge. The man is a fool for waiting so long.

Aron, Eugene, 2012-08-16 12:14:25
I can not believe that anyone in their right mind would actually sue over something like this. The man got tested, was told he was positive, and then went and had another test done (assuming in the same week), and was told he was negative. How much pain and suffering could the man have actually endured? It took 7 years to settle the case, I believe the first judge that threw the case out had the right idea. This is ridiculous. The things people will do to make money without working.

Jeff, , 2012-08-16 11:37:32
DARKCHILD Settle down. You have no one to blame about contracting HIV but yourself. Yes you should be happy to be alive. FREDERICK WRIGHT you need to chill. They most likely are NOT taking money from Whitman-Walker Health directly. Ever heard of this little thing called "INSURANCE"?

Josh, Houston, 2012-08-16 11:26:47
My question is did he never have blood work done again in 12 years. How was this not caught sooner, and how was it finally figured out?

Bob, Chicago, 2012-08-16 11:00:19
After 5 years, I would be ecstatic to find out I did not have HIV. Why can't more of us be so lucky?

Anonymous, , 2012-08-15 10:31:03
FYI, the lawsuit was for 20 million dollars, but we don't know how much the settlement was, most likely much, much less...

Darkchild, , 2012-08-14 22:32:45
Wow 20 million for NOT having Hiv. What about those of us who DO have Hiv and have had to take medications that horrifically disfigure us--all without any recourse. But I guess we should just be happy to be alive;)

Michael Murray, Naperville, 2012-08-14 21:12:56
This is why Congress is moving forward to stop crazy law suits like this.

Frederick Wright, Coachella Valley, 2012-08-14 12:39:54
Shame on the verdict for sueing a non profit and taking funds from children that need medical help. Truly and injustice happen in the mistaking test,but to much money. Plus doesn't the gentle man have a brain to criticle think for who in their right mind would believe one test, for our systems of testing is build on many test and test like our account system check and balance. Whitman Waker Clinic get another lawery and apeal the defense being patient safty is part of the patient resonsablity