Hedgepeth v. Whitman Walker Clinic

980 A.2d 1229 (2009)

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Nature of the Case

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Facts

After learning that his girlfriend was being treated for HIV, P went to D and requested an HIV test on December 13, 2000. P told an intake worker that he 'thought [he] had HIV' because he 'found out that [his] girlfriend was HIV-positive.' The intake worker made a notation in his file that he was HIV-positive. P underwent a blood test. Blood was drawn and sent to American Medical Laboratories, Inc. (AML) for testing. The test administered by AML, an HIV-1/HIV-2 Antibodies ELISA test, was 'non-reactive,' meaning that P was not HIV-positive. D admits that because of an erroneous interpretation of the negative test report, a 'Client Lab Results' form showed P as testing positive for HIV. Dr. Fanning (D) met with P and she misinformed P that he was HIV-positive, and noted in his patient file that he was HIV-positive, but asymptomatic and with a 'normal' viral load. D filed medical forms that made P's treatment at WWC eligible for funding under the Ryan White program. D signed off on an AIDS Drug Assistance Program form to apply for public assistance to pay for HIV medication for P. This form indicated that P's drug regimen required Combivir and Crixivan. This too was in error, as P was never prescribed either one of these drugs by D doctors and he never took any HIV medications. Five years later, P was tested and found to be HIV-negative. In between, P suffered severe emotional distress. P became depressed and lost his job as a restaurant manager. P began to have suicidal thoughts, and he was committed to psychiatric wards on two occasions. P was prescribed medications for his depression, including Zoloft, Ambien, Trazodone, and Wellbutrin. P began 'heavy' use of illegal drugs and suffered from an eating disorder. P became isolated from his relatives because of the shame he experienced from being HIV-positive. P even began to have sexual intercourse with a woman he knew to be HIV-positive 'because [he] was diagnosed with HIV and there was no reason for [him] to live.' P sued D for negligent infliction of emotional distress. Ds moved for summary judgment in that P was never in the zone of danger. It was granted and P appealed.