Important note: Information in this article was accurate in 1998. The state of the art may have changed since the publication date.
San Francisco Chronicle; Thursday, February 5, 1998
Charlie Goodyear, Chronicle Staff Writer
The plaintiff's former wife is now using her knowledge of his condition to try to limit his custody rights, according to the lawsuit filed late Tuesday in Contra Costa Superior Court.
The suit accuses Longs of invasion of privacy, negligent infliction of emotional distress and violating state regulations governing the release of medical information.
The case began in May when the 35-year-old plaintiff, a former Hayward resident and restaurant manager, visited his ex-wife and sons, then 5 and 7, in Bakersfield.
On May 19, 1997, the man, whose HIV condition was just diagnosed, went to a Longs pharmacy there to fill a prescription for AIDS medication. The pharmacist told him the store would be able only to partially fill the prescription. The plaintiff decided to get the rest of his medicine in Hayward.
Two days later, the man's ex-wife went to the same Longs with her sons. The pharmacist asked if she wanted to pick up her former husband's prescription.
"When plaintiff's ex-wife asked what the medication was for, the clerk exclaimed, `Don't you know what this is for? This is for AIDS,' " the lawsuit states. "Plaintiff's ex-wife began to cry, and both of plaintiff's sons became distraught. They asked if their father was going to die."
The ex-wife, who is not identified in court papers, has argued in a Kern County family law court that she does not want her children around someone who has AIDS and that her ex-husband will become too sick to care for himself or his children, his lawyer Daniel Slijepcevich said yesterday.
"This is basically just spreading the misconceptions about this disease, and she is using them against him," Slijepcevich said. The plaintiff's trip to the Bakersfield pharmacy was to fill his first prescription for AIDS medication because the condition had just been diagnosed.
"That was what was so devastating," Slijepcevich said. "These were his first prescriptions. You can imagine what the guy was going through at the time. He never intended for this to become public." Slijepcevich offered to settle the case with Longs last summer.
"But I didn't even get a return phone call from the company," he said. "There are clear rules about disclosing this information but they had a very cavalier attitude about the whole thing."
According to Longs, the plaintiff's ex-wife was picking up other medication and told the pharmacist in Bakersfield she also wanted to take her ex-husband's medicine. "We certainly regret the incident, but we do routinely provide medication to family members," said Longs' vice president and treasurer Clay Selland. "It's unfortunate, but I have difficulty faulting any of the pharmacy personnel. We did not respond to an offer to settle this case because we feel these are things that will be determined in court."
The plaintiff's extended family now knows about his HIV diagnosis and "have begun to treat him differently," according to the suit. "In addition, his two sons have felt uncomfortable being with him."
"The whole family was shocked by this," said Slijepcevich, who declined to say how his client contracted HIV. "It spread like wildfire."
The plaintiff is seeking unspecified general, special and punitive damages against Longs.
980205
SC980202
Copyright © 1998 - 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 1998. 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, 1998. 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. .