Woman treated for HIV though she didn’t have the virus

March 17, 2008

A woman was diagnosed as HIV positive in 1994 by anonymous testing and reported her results to her gynecologist, who referred her to an HIV specialist at the University of Massachusetts Medical Center.The specialist began treating her as an HIV-positive patient without confirming the diagnosis and without obtaining her prior medical records.

She prescribed a cocktail of HIV drugs, which caused significant side effects, including gastrointestinal problems, diarrhea, weight loss and emotional disturbance.

The woman was treated for HIV until 2003, when she was retested by her new primary care physician and found to be HIV negative.

The specialist claimed that she had relied on the woman’s reported symptoms, which were all consistent with HIV. She also claimed that blood tests confirmed the presence of the HIV virus in the woman’s blood.

The woman sought pain and suffering damages, and the jury returned a verdict for $2.5 million. With prejudgment interest, the award was $3.7 million.

Type of action: Medical malpractice

Injuries alleged: Emotional pain and suffering

Date of verdict: Dec. 12, 2007

Submitted by: David P. Angueira, Boston (for the plaintiff)