Important note: Information in this article was accurate in 2009. The state of the art may have changed since the publication date.
Los Angeles Times - March 6, 2009
Molly Hennessy-Fiske
Maggiore and her husband, Robin Scovill, sued the county two years ago for allegedly violating their late 3-year-old daughter's civil rights by releasing an autopsy report that listed her cause of death as AIDS-related pneumonia. Eliza Jane Scovill had never been tested for HIV, and the couple argued that her death was not AIDS-related. After the autopsy, they hired a private pathologist who said she had died of an allergic reaction to the antibiotic amoxicillin.
The lawsuit demanded up to $10,000 for each violation of Eliza Jane's right to privacy, plus unspecified damages.
The county hired an outside law firm, Burbank-based Peterson & Bradford, to handle the case. Lawyers from the firm reached an agreement with Scovill and his attorneys Feb. 26, according to Robert Ragland, principal deputy county counsel. Ragland said he could not comment on why the county agreed to the settlement. Christopher W. Gardner, the lawyer handling the case for the firm, did not return calls Thursday, nor did Scovill or his attorneys.
Maggiore was diagnosed with HIV in 1992 and died at her Van Nuys home Dec. 27, 2008, at age 52. She promoted her views in a book -- "What If Everything You Thought You Knew About AIDS Was Wrong?" -- and through the nonprofit Alive & Well AIDS Alternatives.
Maggiore gave birth at home to her son, Charlie, and to Eliza Jane and breast-fed both, although research indicates that breast-feeding increases the risk of HIV transmission. Maggiore also opposed the use of AZT, a drug that studies have shown reduces the risk of HIV transmission from pregnant mothers to their babies.
After Eliza Jane's death, Los Angeles police investigated whether Maggiore and Scovill were criminally negligent in not testing the girl for HIV, but the Los Angeles County district attorney eventually decided not to file criminal charges, noting that Maggiore had sought medical advice.
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