duty to warn hiv

• An imminent, unidentifiable victim: does HIV require a duty to warn?

A California Court of Appeal applied the wrong cases to its analysis of a physician's duty to warn in Reisner v. Regents of the University of California. The case involved a man who became HIV positive after sleeping with a woman who had received a contaminated blood transfusion years before. Her doctor found out that the blood was contaminated but did not tell either the woman or her parents, as she was a minor at the time. The analysis of the court required an identifiable third party being harmed, which was not the case. Instead, a professional negligence approach should have been used.

• Defense Counsel Journal
• Vol. 64 Nbr. 2, April 1997

• in Re Sealed Case., 67 F.3d 965 (D.C. Cir. 1995)

...'s laboratory tests, Consultant acquired a duty to examine her husband's complete medical file, fr... had a duty, which he failed to meet, to warn her that her husband had tested HIV-positive and c...

• Federal Circuits

• Bruesewitz v. Wyeth LLC, 562 U.S. (2011)

...Opinion of the Court ure to warn if they have complied with all regulatoryreq... Until today, that duty wasenforceable through a traditional state-law tor...

• U.S. Supreme Court

• Fast Home Test for H.I.V. Raises Delicate Question of Screening

An unadvertised use for the OraQuick test, using it to check potential sex partners, could help slow an epidemic that infects 50,000 Americans each year. The first rapid home-test kit for H.I.V. has just gone on sale in the United States for $40, marketed as a way for people to privately find out if they have the virus that causes AIDS.

...But Mr. Michel also said the label would warn that the test "should not be used to make decision... not infectious or felt it was the partners' duty to ask first. An equally large 2003 study led by D...

• International Herald Tribune
• October 05, 2012

• A Duty to Kiss and Tell? Examining the Uncomfortable Relationship Between Negligence and the Transmission of HPV

Tort law has long held individuals liable fornegligently spreading certain communicable diseases. Over time, courts have extended the cause ofaction to include various sexually transmitted infections. Currently, HPV is the most common sexually transmitted infection in the United States. Surprisingly, however, there is a dearth of case law examining HPV's transmission in a negligence context. HPV has many unique characteristics that make the virus's transmission difficult to reconcile within the negligence framework. At the core of all negligence claims resides a defendant's duty; however, HPV's characteristics make it difficult to determine when a duty should exist and raises questions as to whether courts should impose a duty to prevent transmission of the infection at all. Furthermore...

... liable to his tenants under a failure-to-warn theory for their contraction of smallpox. 13 Shor...

• Iowa Law Review
• Nbr. 95-3, March 2010

• Grants and cooperative agreements; availability, etc.: Women Across the Lifespan Pilot Program; intergenerational approaches to HIV/AIDS prevention education,

...Therapist legally required to uphold ``duty to warn'' state authorities for participants in in...

• FR, May 01, 2007
• Notices
• Health and Human Services Department

• The assumption of risk defense and the sexual transmission of AIDS: a proposal for the application of comparative knowledge.

The assumption of risk defense should be interpreted in terms of comparative knowledge in cases involving negligent sexual transmission of AIDS. This approach would most effectively use tort law to contribute to deterring the spread of AIDS. In addition, it would resolve many inconsistencies in the current approach. The proposed comparative knowledge standard is supported by principles of contract law, such as unconscionability and misrepresentation, as well as by policy considerations.

... will also be no corresponding publicity to warn individuals about the potential consequences of th...1. A duty, or obligation, recognized by the law, requiring t...

• University of Pennsylvania Law Review
• Vol. 143 Nbr. 4, April 1995

• 36 Fed. R. Evid. Serv. 187, Prod.Liab.Rep. (Cch) P 13,258 John Doe, Plaintiff-Appellant, v. Cutter Biological, Inc., a Division of Miles Laboratories, Inc., Miles Laboratories, Inc., Travenol Laboratories, Inc., Armour Pharmaceutical Corporation, Alpha Therapeutic Corporation and United States of America, Defendants-Appellees. John Smith, Plaintiff-Appellant, v. Cutter Biological, Inc., a Division of Miles Laboratories, Inc., Miles Laboratories, Inc., Travenol Laboratories, Inc., Armour Pharmaceutical Corporation, Alpha Therapeutic Corporation and United States of America, Defendants-Appellees., 971 F.2d 375 (9th Cir. 1992)

... States for negligence and for breach of its duty to warn appellants while they were treated at TAMC...

• Federal Circuits

• Supreme Court finds a duty owed by clinic administrator to partners of HIV positive patient.

... of imposing on Idameneo an obligation to warn an indeterminate class of people. It was a case of...

• Mondaq Business Briefing
• Nbr. 2011, January 2011

• Md Court of Appeals Weighs Lab's Duty to Worker's Spouse

The state's highest court yesterday considered whether a commercial manufacturer of two strains of HIV owed a duty to the spouse of a lab technician who contracted HIV-2 and passed it on to his wife. Rockville lawyer Stephen B. Mercer contended that Pharmacia & Upjohn (now part of Pfizer Inc.) owed such a duty to Jane Doe - primarily, to warn her husband of his potential infection so that he would know to practice safe sex with his wife.

• The Daily Record (Baltimore)
• June 07, 2005