Confidential
Settlement – $90,000Facts
On December 8, 1995, Plaintiff, a 48-year-old married mother, went to Defendant's hospital for a regular physical examination. As part of the physical, Plaintiff had a HIV test performed. She later received a telephone call from her doctor advising her that the test results came back HIV positive. At the same time, Plaintiff was experiencing a bout of bronchitis and the doctor advised her that she needed to come in for treatment. Plaintiff decided to get a second opinion; she retested at another laboratory where the test results came back negative. After an investigation, it was discovered that Defendant's laboratory switched Plaintiff's blood with the blood of another patient who was HIV positive and that Plaintiff was really HIV negative. It was one week before Plaintiff learned she was HIV negative.
Settlement Discussions
Plaintiff contends she demanded $150,000 and Defendant offered $10,000.
Specials in Evidence
$8,000 $30,000 Unknown
Injuries
Emotional distress requiring counseling.
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