Man's HIV Diagnosis Reversed 8 Years Later

IowaStatePhiPsi · #1 08-30-2004, 12:57 AM

SAN FRANCISCO - A California man who once tested positive for HIV has learned the diagnosis made eight years ago was mistaken and he never had the virus that causes AIDS.
http://story.news.yahoo.com/news?tmp...lse_hiv_test_3

I'd say $100M is about right for a settlement.

Rudey · #2 08-30-2004, 01:17 AM

I have sympathy but really his discomfort is not something that will stay on my mind for too long. If he paid any costs then those should be recovered but it seems he even got free meals out of it.

-Rudey

TheEpitome1920 · #3 08-30-2004, 12:43 PM

I would be sooooo pissed about this. For some reason I think this is not the first time this has happened.

Kevin · #4 08-30-2004, 01:11 PM

He should obviously be reimbursed for medical costs related to the treatment. I wouldn't really see how a huge cash award could be justified. Juries are getting a lot tougher on large cash awards.

valkyrie · #5 08-30-2004, 01:22 PM

Quote:

Originally posted by ktsnake
He should obviously be reimbursed for medical costs related to the treatment. I wouldn't really see how a huge cash award could be justified. Juries are getting a lot tougher on large cash awards.

You don't see how a large cash reward would be justified? Seriously, could you even imagine the suffering that would be involved in thinking you had HIV for 8 years? I can't -- I think it would be more mental anguish than I've ever experienced in my life, and I damn well think he should receive money for that.

Kevin · #6 08-30-2004, 01:59 PM

Quote:

Originally posted by valkyrie
You don't see how a large cash reward would be justified? Seriously, could you even imagine the suffering that would be involved in thinking you had HIV for 8 years? I can't -- I think it would be more mental anguish than I've ever experienced in my life, and I damn well think he should receive money for that.

I'd think after 8 years, he'd be over it. I really don't see how it would amount to millions in damages at any rate. And as far as him actually getting a jury to go along with it, I'd say his chances are not very good. Juries lately (as I said before) have seemed less likely to agree to large cash awards for punative damages.

Rudey · #7 08-30-2004, 02:07 PM

Quote:

Originally posted by ktsnake
I'd think after 8 years, he'd be over it. I really don't see how it would amount to millions in damages at any rate. And as far as him actually getting a jury to go along with it, I'd say his chances are not very good. Juries lately (as I said before) have seemed less likely to agree to large cash awards for punative damages.

Let's not forget the free meals he ate.

-Rudey

valkyrie · #8 08-30-2004, 02:16 PM

Quote:

Originally posted by ktsnake
I'd think after 8 years, he'd be over it.

As usual, I suppose we'll agree to disagree. I think that living for 8 years thinking that you have this terrible disease would be incredibly, incredibly painful mentally, not to mention physically if he was taking any medication. After 8 years of living with this diagnosis, I don't see how he could just wake up the next day and say wow, okay, I'm fine!

Kevin · #9 08-30-2004, 02:19 PM

Quote:

Originally posted by valkyrie
As usual, I suppose we'll agree to disagree. I think that living for 8 years thinking that you have this terrible disease would be incredibly, incredibly painful mentally, not to mention physically if he was taking any medication. After 8 years of living with this diagnosis, I don't see how he could just wake up the next day and say wow, okay, I'm fine!

As usual

SSS1365 · #10 08-30-2004, 02:20 PM

If I were him, I think I would definitely be upset, but I think that the only monetary compensation I would ask for would be to cover my medical expenses. I think I would just be so happy and relieved to find out that I'm not gonna die that I wouldn't be concerned about trying to get more out of it.

ladyj39 · #11 08-30-2004, 02:24 PM

There was an article about this in the local paper and one of the things he was most angry about is that the service he received could have gone to someone who really needed it. Plus, a lot of his relatives pretty much turned their backs on him.

So, he not only spent 8 years of his life depressed and thinking he was going to die, but he also lost relationships with people who were supposed to be there for him and love him the most.

I'm with valkyrie on this one. I think he deserves some, if not all the money.

Lady Pi Phi · #12 08-30-2004, 02:32 PM

It's really easy to say that you'd be angry but relieved and only want rembursement for medical expenses. But I think if you were in his shoes you'd be mad as hell! I know I would. I agree with Valkyrie and he should get ever penny he's asked for.

Coramoor · #13 08-30-2004, 03:15 PM

....A second opinion...?

That's the first thing I'd do in his shoes eight years ago. Only one test in eight years...don't they measure your white blood cells or something when dosing you with the drug cocktail.

BobbyTheDon · #14 08-30-2004, 04:39 PM

you wanna know WHY this man should get freakin 100 million bucks?

well, the small reason is because they told him he was going to die and well...living thinking that you will die just plain sucks. and also Because he wasnt able to get LAID for 8 years. No one wanted to touch him. That SUCKS

KSig RC · #15 08-30-2004, 08:09 PM

Current medical procedures generally dictate AT LEAST one 'second opinion' test to rule out, or at least lessen significantly, the likelihood of false positive - which is a statistically significant, if not necessarily 'high', occurance. The second test came back negative, as it should have - thus the possibility of negligence comes into play w/ regard to medical malpractice, but is there enough to prove malfeasance, and to what price do you attribute his 'emotional state' during his treatment? Tough questions, no doubt.

He should be reimbursed for his treatment, but $100MM is an inordinate amount to receive for essentially being given a new lease on life.

THIS SORT OF CASE DRIVES LEGITIMATE MEDICINE INTO RUINS. Sorry guys, it's the truth - what if that money was lessened to say, $20MM - $1MM for the man (over and above the cost to him over the 8 years), and $19MM to treatment/research medicine? Doesn't that make more sense than making a healthy, happy man wealthy beyond his ability to spend???

Jesus Christ, I can't imagine a man 'earning' $100MM through suffering - especially from the VA . . . why not just shut it the f- down while you're at it? No way the VA can afford that kind of cash, and there's a cap on the doctor's malpractice, I assure you.