MARYLANDS HIGHEST COURT TO DECIDE WHETHER WOMAN, WHO CONTRACTED AIDS FROM HER LAB TECHNICIAN HUSBAND, CAN SUE HIS EMPLOYER FOR FAILING TO WARN HIM THAT HE MIGHT HAVE BEEN INFECTED WITH THE HIV-2 VIRUS IN 1989Jun 14, 2005 | www.Newsinferno.com
He Received A False Positive Test Result For HIV-1.
In 1989, a male laboratory technician worked for Pharmacia & Upjohn Co. (now part of Pfizer) handling HIV-1 and the rarer HIV-2. That year, he received a false positive test result for HIV-1.
Such a finding, according to the wifes attorney, should have alerted Pharmacia to the possibility that the technician had HIV-2 and caused them to advise him of the potential problem.
The Wifes Lawsuit Was Dismissed In Federal Court.
Eventually he received a false positive test result for HIV-1. He is now dying. The wifes lawsuit was dismissed in federal court and an appeal to the United States Court of Appeals for the 4th Circuit was in abeyance until that Court could have Marylands highest state court decide how far an employers duty extends under Maryland law. That appeal was argued on Monday.
The company argued that it should not be held accountable to strangers and other third-parties who are not its employees or its consumers simply because they might become sexually involved with the employee. The wifes attorney argued that the companys position defies common sense when it comes to protecting a wife. A decision on the appeal may take several days or weeks.
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