Important note: Information in this article was accurate in 1997. The state of the art may have changed since the publication date.
The Associated Press; Wednesday, December 17, 1997 16:45:00
Brigitte Greenberg, Associated Press Writer
The doctor and her family broke down in tears when the verdict was announced.
"Money is not compensation for what I've lost," she said. "I've been waiting for this for nine years. It's been a struggle every day."
The woman, who sued under the pseudonym Jane Doe, blamed the school for not properly training or supervising her when she was ordered to insert a blood line into the arm of an AIDS patient.
The woman pricked herself in August 1988, just seven weeks into her internship at the hospital. Six weeks later, she tested positive for the AIDS virus.
The woman said she hoped the verdict would send a message to medical residency programs throughout the nation that they must do a better job training and supervising new residents.
"You cannot send young trainees ... out to do something that is inherently unsafe without being properly trained and supervised," she said. "My hope is that it will never happen again."
The woman's attorney, Michael Koskoff, presented evidence that she received just 10 minutes of cursory training in "universal precautions" to prevent HIV transmission before she was ordered to take on the risky medical procedure.
A full lecture on the subject did not come until several months later, he noted, on Oct. 6 -- his client's birthday. By then, she had already contracted HIV.
"You can't skimp when it comes to human lives," Koskoff said after the verdict. "This should send a message that it's cheaper for programs around the country to train interns than not to train them."
Koskoff had asked for roughly $21 million to pay for future medical bills, loss of earnings, pain and suffering, the loss of her ability to enjoy life and her inevitable death from the disease.
The six jurors found damages in excess of $15 million but reduced the award by about $3 million, concluding that the woman was 22.5 percent responsible for the accident.
Yale's attorney, William Doyle, had argued that the university should not be held responsible because it was Yale-New Haven Hospital's responsibility to train and supervise the woman.
He also blamed the woman for failing to immediately dispose of the needle when she finished using it and argued that needle sticks are a common occurrence that happen to even the most highly trained health care professionals.
Doyle said Yale would appeal.
"We all feel for Dr. Doe and her family. It's impossible not to, but we strongly disagree with the jury's verdict," Doyle said. "I'm afraid that that sympathy carried the day."
The hospital, which is a separate institution affiliated with Yale University, is also a plaintiff in the case. An attorney for the hospital said the university should reimburse the hospital for worker's compensation claims from the woman.
The woman is now 35 and practicing at an undisclosed location. She has not developed full-blown AIDS.
"I don't know about tomorrow, but I'm going back to work on Friday," she said with a smile. "That's not going to change because I got a lot of money."
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