Wife was not infected, so husband's AIDS fear was unreasonable.

Important note: Information in this article was accurate in 2000. The state of the art may have changed since the publication date.

Wife was not infected, so husband's AIDS fear was unreasonable.

AIDS Policy Law. 1999 Oct 15;14(19):3. Unique Identifier : AIDSLINE AIDS/20701129

Abstract: The New York Supreme Court's Appellate Division upheld a lower court's dismissal of claims by a New York man seeking damages in a fear-of-AIDS claim. Louis O'Neill and Almudena O'Neill were married only fifteen months when Mr. O'Neill filed for divorce. He claimed his wife, whose first husband died of AIDS-related causes, was a potential carrier and sought damages for the intentional and negligent infliction of emotional distress and fraud. His wife failed to tell him why her first husband died in 1990. The plaintiff must show there was a scientifically accepted method of transmission and that the source of blood or fluid was HIV-positive. Although Mr. O'Neill had unprotected sex with his wife, Mrs. O'Neill presented proof that she had tested negative for HIV antibodies three times before she began dating her husband, and once after he filed for divorce. The appeals panel said Mr. O'Neill's claim was unreasonable and dismissed the fraud action and claims for punitive damages.

Keywords: NEWSLETTER ARTICLE LEGAL CASES Disease Transmission, Horizontal/*LEGISLATION & JURISPRUD Divorce/*LEGISLATION & JURISPRUD *Fear Female HIV Infections/PSYCHOLOGY/*TRANSMISSION Human Male New York *Spouses

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