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1994-01-14
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In this file, we have summaries of HIV/AIDS news items from
November, 1993 to January, 1994. We invite users to contribute
news items. Please see the manual for the mailing address. This
is not a comprehensive news listing. We have selected significant
items related to HIV/AIDS and the law. In addition, we only put
"final" items in the summary, for example, judgments, significant
rulings and settlements in cases reported throughout the Media.
11/23/93- This program contains the interim guidelines under the
ADA for employer insurance coverage. In a (presently) unreported
opinion, the U.S. District Court for the Southern District of New
York (New York City) ruled that the ADA gives the government
authority to prohibit discrimination in benefits by disease. The
Mason Tenders District Council Welfare Fund, provided a
drastically lower limit for AIDS treatment than for other
diseases. The Court found that the ADA prohibited this practice,
and rejected a claim that previous decisions under ERISA (such as
McGann in the case law collection) permitted such activity.
Further proceedings will continue in the case.
11/23/93- 30 patients of Dr. Rudolph Almarez and Johns Hopkins
Hospital sued the estate of Dr. Almarez and Johns Hopkins,
alleging that the doctor had a duty to disclose that he was HIV
positive to patients. The hospital notified numerous patients
that Almarez died of ARC and a testing disclosed no infections
transmitted by the Doctor. No significant rulings have occurred
to date.
11-25-93- A jury awarded $30,000 to Roland Igleas in San
Francisco County Superior Court, finding that he was illegally
discriminated against when he was fired from his job by employer
Jerimah Tower. 12-01-93- Salvador Fuentes, who is HIV positive,
filed suit in Los Angeles, stating that he was refused medical
service for a bad cut by the "Urgent Care Center" and Dr. Thelma
Reich. Prior to trial a settlement of $85,000 was accepted.
Fuentes claimed that he informed the staff at the center that he
was HIV positive and then was refused treatment and referred to
the County Hospital. The Urgent Care Center and Doctor deny
liability and indicated that they settled for financial reasons.
12-07-93- Richard Williams was accused in Chattanooga, Tennessee,
of lying to sexual partners about his HIV positive status. In a
sentence of 15 years probation, Lewis will have to give a written
statement to sexual partners, and report this fact to the
prosecutor.
12-16-93- Louise Purdy recovered a verdict of $275,000 in
Philadelphia Common Pleas Court against funeral director John M.
Price. Purdy alleged that the body was not in the funeral homes
control, and that in a closed casket funeral her son was not in
the casket. Price stated to reporters that since the incident the
funeral home has handled HIV infected bodies.