Fear of AIDS is actionable if reckless conduct is alleged. Clearinghouse, AIDS Newsletter Database, P.O. Box 6003, Rockville, MD 20849-6003. 800-458-5231 ext. 5714.

Important note: Information in this article was accurate in 1996. The state of the art may have changed since the publication date.

Fear of AIDS is actionable if reckless conduct is alleged. Clearinghouse, AIDS Newsletter Database, P.O. Box 6003, Rockville, MD 20849-6003. 800-458-5231 ext. 5714.

AIDS Policy Law. 1996 Sep 6;11(16):4-5. Unique Identifier : AIDSLINE AIDS/96701866

Abstract: A New Jersey appeals court allowed a plaintiff to seek damages for fear of contracting HIV even though there was no evidence of actual exposure to the virus. Office cleaner Karen Williamson sued the medical offices of Drs. Waldman, Feldman, and Losman after puncturing her hand on a lancet that had been improperly disposed of in an ordinary trash receptacle. The Superior Court's Appellate Division ruled that the motions judge erred in dismissing Williamson's case because whenever a defendant's negligent act or omission creates a possibility of HIV exposure, a claim for emotional distress damages cannot be dismissed on summary judgement. Williamson has tested negative for HIV five times in three years. This ruling contradicts rulings in other States that have attempted to curb frivolous litigation by requiring the plaintiff to prove actual exposure to the virus. If exposure cannot be proven, damages will not be awarded. Recent applications of relevant State tort law include Russaw v. Martin, Murphy v. Abbott Laboratories, Macy's of California Inc. v. Superior Court of Solano County, Barrett v. Danbury Hospital, and K.A.C. v. Benson.

Keywords: *Fear Female HIV Infections/PSYCHOLOGY/*TRANSMISSION HIV Seronegativity Human *Liability, Legal Medical Waste Needlestick Injuries/VIROLOGY New Jersey NEWSLETTER ARTICLE
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