FKB WINS SUMMARY JUDGMENT MOTION FOR LABORATORY CLIENT

03/24/2022

FKB’s Brian Dwyer won summary judgment recently in a case of alleged negligent HIV testing and reporting. New York allows a claim for emotional distress specifically in instances where a person believes they are HIV positive due to erroneous lab testing or an erroneous report from a doctor. Using an affidavit by an Infectious Disease/HIV and lab procedure expert, our submission established that an initial screening test was reactive, but the confirmatory tests required for the HIV diagnosis were non-reactive, and the lab’s report report specifically said there was no lab evidence of HIV positivity. The expert also refuted the claim there was a “mix-up” of plaintiff’s blood samples with another patient’s.  The court credited all our arguments on liability and lack of proximate cause and granted summary judgment in our client’s favor.

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