Important note: Information in this article was accurate in 2006. The state of the art may have changed since the publication date.
Los Angeles Times - July 8, 2006
Juliet Chung, Times Staff Writer
Plaintiff Lynn Howard claimed the hospital's staff told her she was HIV-positive in October 2002, according to the lawsuit. She was told two years later that she was HIV-negative.
But county attorney Richard Reinjohn said hospital personnel never told Howard she was HIV-positive. Rather, he said, they told Howard an initial blood sample had tested positive for HIV and that the hospital would run a second, more complex test to confirm the initial results.
Reinjohn said Howard never returned to learn she was HIV-negative. Howard learned her true status when she went to the hospital two years later on an unrelated matter and got another blood test, he said.
"She should have come back to get the final results two years before," Reinjohn said. "The reason we settled is because the question is whether the county system should have picked up the fact that she never came back."
Victor Jacobovitz, Howard's lawyer, said he was pleased with the settlement because it saved Howard the stress of going through a trial.
"The old saying is a bad settlement is better than a good trial à but we didn't think it was a bad settlement," he said.
Lawyers said the settlement was less than six figures but that the details were confidential. Reinjohn said county officials must still approve the settlement, but that he didn't expect problems.
060708
LT060705
Copyright © 2006 - Los Angeles Times. All rights reserved. Reproduced with permission. Reproduction of this article (other than one copy for personal reference) must be cleared through the Los Angeles Times, Permissions, Times Mirror Square, Los Angeles, CA 90053. http://www.latimes.com.
AEGiS is a 501(c)3, not-for-profit, tax-exempt, educational corporation. AEGiS is made possible through unrestricted funding from Broadway Cares/Equity Fights AIDS, Elton John AIDS Foundation, the National Library of Medicine, Pacific Life Foundation and donations from users like you.
Always watch for outdated information. This article first appeared in 2006. This material is designed to support, not replace, the relationship that exists between you and your doctor.
AEGiS presents published material, reprinted with permission and neither endorses nor opposes any material. All information contained on this website, including information relating to health conditions, products, and treatments, is for informational purposes only. It is often presented in summary or aggregate form. It is not meant to be a substitute for the advice provided by your own physician or other medical professionals. Always discuss treatment options with a doctor who specializes in treating HIV.
Copyright ©1980, 2006. AEGiS. All materials appearing on AEGiS are protected by copyright as a collective work or compilation under U.S. copyright and other laws and are the property of AEGiS, or the party credited as the provider of the content. .