Human Immunodeficiency Virus (HIV) Exposure and Infection Due to Malpractice or Medical Product

The following information on HIV exposure and infection and an HIV lawsuit is provided by Pritzker Olsen law firm. Our attorneys have appeared on CBS News, Fox's "Geraldo Live" and local television stations. If you are interested in an HIV lawsuit, please contact Pritzker Olsen toll free at 1-888-377-8900 or submit the firm's online form for a free consultation. We are not paid unless you win.

Human Immunodeficiency Virus: HIV-1 and HIV-2

There are two known types of the Human Immunodeficiency Virus (HIV), HIV-1 and HIV-2. In 1984, HIV-1 was discovered as the virus that causes AIDS in the United States. In 1986, HIV-2 was discovered in West African AIDS patients. Both HIV-1 and HIV-2 have the same modes of transmission; however, HIV-2 develops at a slower rate and is less infectious. Although HIV-2 is still most prevalent in Africa, there are a few reported cases of HIV-2 in the United States.

Defective Medical Devices, Malpractice and HIV-AIDS

Sometimes a defect in the design of a medical device prevents the device from being adequately cleaned and sanitized. This creates a situation where people are potentially exposed to HIV-AIDS, pathogen, hepatitis B and other infectious diseases. If someone exposed to HIV or another disease tests positive, the infected person may have the right to seek compensation from the manufacturer. These are claims under product liability law.

If someone is exposed to HIV or another infectious disease due to unsanitary conditions or procedures at a medical clinic or hospital, the infected person may have a claim under medical malpractice law for compensation. For example, in March of 2009, health officials associated an outbreak of an infectious disease associated with the office of Dr. Parvez Dara in Toms River, New Jersey. Health officials found extremely unsanitary conditions at Dr. Dara's office, including "blood on the floor of a room where chemotherapy was administered, blood in a bin where blood vials were stored, unsterile saline and gauze, and open medication vials. Inspectors also cited problems with cross-contamination of pens, refrigerators and countertops; use of contaminated gloves; and misuse of antiseptics, among other health code violations," according to The Associated Press.

HIV Lawsuit: Legal Causation

One of the major legal hurdles in a case involving HIV and either a medical device or medical malpractice is “legal causation,” which requires proving that the HIV infection was caused by the defective device or malpractice. Proving causation will require the use of both epidemiological and microbiological evidence. Our law firm conducts our own investigation and hires expert witnesses with extensive scientific and medical knowledge to analyze the evidence and testify in court.

Resources:

Centers for Disease Control and Prevention (CDC): CDC fact sheet on HIV-2
Centers for Disease Control and Prevention (CDC): CDC fact sheet on HIV transmission
AIDSinfo: A service of the U.S. Department of Health and Human Services which offers information on HIV/AIDS treatment, prevention, and research
CDC Portal Page: Portal to Centers for Disease Control and Prevention (CDC) information on HIV/AIDS
Food and Drug Administration (FDA): Information on treatment of HIV/AIDS from the FDA, the regulatory body responsible for drug treatments
U.S. Department of Health and Human Services: Information on the Ryan White Comprehensive AIDS Resources Emergency (CARE) Act. The CARE Act is Federal legislation that addresses the unmet health needs of persons living with HIV disease (PLWH) by funding primary health care and support services. The CARE Act was named after Ryan White, an Indiana teenager whose courageous struggle with HIV/AIDS and against AIDS-related discrimination helped educate the nation.
United States National Library of Medicine part of the National Institutes of Health
Honoré, Antony, "Causation in the Law", The Stanford Encyclopedia of Philosophy (Winter 2005 Edition), Edward N. Zalta (ed.), URL = <http://plato.stanford.edu/archives/>.

Keywords: HIV lawsuit, lawyer, HIV exposure, HIV class action lawsuit, suit, attorney, free consultation.

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