Originally posted by YALE
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Executive Order -- HIV Care Continuum Initiative
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My wife's nephew contracted AIDS during heart surgery in 1985 when he was 4 years old due to a tainted blood supply.
In March 1985, Plaintiff James Christian Kinzie ("Plaintiff" or "Kinzie") underwent heart surgery at Children's Medical Center in Dallas, Texas. He was four years old. During the surgery and recovery, he received several units of blood through blood transfusion. The blood transfused to Kinzie was provided by a blood bank operated by Defendant Dallas County Hospital District d/b/a Parkland Memorial Hospital ("Parkland" or "Defendant"). Parkland is a governmental entity.
The blood transfused to Kinzie was infected with the human immune deficiency virus ("HIV"), which is the virus that causes acquired immune deficiency syndrome ("ADS"). AIDS is a severe immunological disorder transmitted primarily through venereal routes, or by exposure to contaminated blood or blood products, resulting in a defect in the cell-mediated immune response manifested by increased susceptibility to life threatening infections and conditions. See The American Heritage Steadman's Medical Dictionary 25 (1995); and Merriam Webster's Collegiate Dictionary 24 (10th ed. 1999). There is no known cure for ADS, and it is a deadly disease.*fn1 Simply stated, when a person has ADS, his or her immune system breaks down and the person becomes highly susceptible to rare illnesses that would not normally occur in a individual whose immune system was not infected with HIV.
Parkland obtained the HIV infected blood from a homosexual male donor at one of its mobile collection stations. The blood technician who drew the blood did so without completing documentation to verify that she: 1) gave the donor information about the transmission of HIV through blood transfusions; 2) asked the donor appropriate HIV-screening questions;*fn2 and 3) ensured that the donor read and understood the provided literature that addressed HIV-related issues. That documentation was instead forged on the technician's behalf, and the individual responsible for the forgery was not identified by the parties. The technician's conduct allegedly was indicative of widespread training practices promoted and implemented by Parkland. Parkland also allegedly had an established "don't ask, don't tell" policy with regard to the sexual history of blood donors, although it was aware that homosexual males were at high risk for HIV infection.
Parkland accepted the infected blood in question from the donor, made it available to Kinzie at Children's Medical Center before it was tested for HIV, and waited two months after he (Kinzie) had received the blood before testing it. In September 1985, Parkland was informed that the blood had tested positive for HIV, but did not notify Kinzie. This allegedly was done pursuant to an established policy of not notifying former blood recipients that they had received HIV-positive blood. Accordingly, Kinzie was not aware that he had been exposed to the virus until he was diagnosed at age sixteen — approximately eleven years after Parkland first learned that the blood was contaminated with HIV. When Kinzie initially confronted Parkland, it denied that he (Kinzie) had been transfused with HIV-positive blood. Kinzie's parents did not discover that he had been infected with HIV-positive blood until some time in late 1996.
Not everyone gets it because of lifestyle...
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