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THE COURT GOT THIS WRONG . . . Instead of getting a "confirmatory test" that would have shown he was NOT HIV+, the man went on an irresponsible, hedonistic binge . . . and could have endangered others . . . DON'T REWARD BAD PERSONAL CHOICES.
I agree with most here. I have always understood that a secondary test is mandatory. It was when I was diagnosed. Secondly, this guy is not of quality character, to sue for something he should be jumping for joy about! My gosh, I would have gone screaming joyfully down the streets if I had found my diagnosis was a mistake, regardless of how long it took to ascertain.
Yes, the mental emotional strain should be considered. More importantly if he were on HIV medications and the side effects of those would be an even greater reason to sue. I think the amount is excessive.
Whoa! I am sure AIDS advocates are going to be blaming this man for the death of untold millions of people with HIV.
I agree with Dave this man is selfish and most likely thoughtless and self absorbed to go several years in a self-destructive spiral never retesting. I mean one of the first things you do is seek treatment, get a baseline CD4 and VL count and retest 6 months later, in which time he most likely would have found out he was negative. So at the most he would have only thought he could be HIV+ for a week to 6 months or so, not the "years" he was going deliberately out of control.
5 years and no viral loads, which would be the secondary back up to the diagnosis, yes the DR was negligent. I had a false Hep C come back my DR chased viral loads on that for 2 years before blood work came back hep C neg
So, he went 5 years believing he was pos but obviously never sought care or he would have found out otherwise. If he would have taken responsibility for his status it wouldn't have even been an issue.
moss
first of all, not everybody got full information or options as to how to react to an Hiv diagnosis. You just choose to live most of what is left ahead of you. Its not always an option to be taking care of yourself when you don't feel sick or got no symptoms. you live to die another day. It don't matter what this guy did, nobody knows what was going in his mind after his diagnosis. Hiv takes over a life and no rule of law cares for you after that in todays world. we are all ingnorant of the facts
July 19, 2011