Important note: Information in this article was accurate in 1995. The state of the art may have changed since the publication date.
San Francisco Chronicle (SF) - SATURDAY, July 1, 1995 Edition: FINAL Section: News Page: A18 Word Count: 404
Reynolds Holding, Chronicle Legal Affairs Writer
It was the court's third ruling in the case, but the first in favor of the doctor. Contradicting opinions issued in August and January, the court said yesterday that the FBI had no justification for refusing to send agents to Dr. James Cullen, who died of AIDS in 1992.
The agents were apparently not in danger of infection, but the court found that the FBI had nevertheless tried to force Cullen to admit that he had AIDS so he could be replaced. As a result, the judges ruled by a 2-to-1 vote that the bureau was guilty of discriminating against Cullen on the basis of a physical handicap.
"If the FBI had been legitimately concerned about the risk of transmission," the opinion said, "it would have inquired as to the character and effectiveness of the infection-control procedures (at Cullen's office), as it was required to do by the Rehabilitation Act. It made no attempt to do so."
The FBI canceled its contract with Cullen "solely by reason of his handicap," the judges concluded. The case now goes back to U.S. District Judge Charles Legge for determination of the damages owed to Cullen's estate.
The FBI regularly sent agents to the doctor at Davies Medical Center for physical examinations until 1988, when it heard that he had Kaposi's sarcoma, an HIV-related illness. When the FBI asked Cullen about the disease and the health risk to agents, he allegedly refused to discuss the matter. He and the hospital simply assured the FBI there was no medical risk to patients.
Richard Held, chief of the FBI's San Francisco office, then stopped sending agents to Cullen for examinations. Cullen sued, contending that the bureau had violated his privacy rights and discriminated against him.
In 1992, Legge ruled that the FBI had good reason not to send its agents to Cullen. The appeals court agreed last year, saying Cullen's "evasive answers" had prevented the FBI from determining the extent of the risk. The court reaffirmed its conclusion in a modified ruling issued in January.
Cullen's estate asked the court to reconsider the case again, and yesterday the court said Cullen had not been evasive on the only legally relevant question -- whether agents were at risk.
950701
SC95071
Copyright © 1995 - San Francisco Chronicle Press. All rights reserved. Reproduced with permission. Reproduction of this article (other than one copy for personal reference) must be cleared through the San Francisco Chronicle, Permissions Desk, 901 Mission Street, San Franciso, CA 94103. You may also send a fax to (415) 495-3843, or an email message to chronperm@sfgate.com. http://www.sfgate.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 1995. 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, 1995. 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. .