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Author Topic: Legal Situation  (Read 24721 times)

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Offline jayrock1199

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Legal Situation
« on: April 20, 2011, 05:42:20 am »
I was outed by my employer after disclosing to my HR manager about my HIV status.  It all came about when I needed a day off for a doctor's appointment.  Which she in turn shared with my supervisor and it all snowballed from there.  This supervisor then put something on her facebook page about me.  I was totally oblivious to the situation until someone brought it to me.  Is there any legal steps I can take and if so would anyone happen to know a good lawyer in the Mississippi area?

Offline thunter34

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Re: Legal Situation
« Reply #1 on: April 20, 2011, 07:49:21 am »
Hey there.  It certainly sounds like you have some sort of case.  I am actually going to "report" this post so that it can get moved to a more proper forum department on here than this one....which is for the AMG events we have every year.

Good luck.
AIDS isn't for sissies.

Offline mecch

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Re: Legal Situation
« Reply #2 on: April 20, 2011, 07:54:05 am »
Wow that sucks.
Just a quick note - take screen grabs of that Facebook page.
Document EVERYTHING you can, day by day. While it is still fresh - go back and document everything that happened.

From now on, put it all in a notebook. Do this on paper with a pen.  Date each entry and do it every day anything happens related to abusing your rights in the workplace.
“From each, according to his ability; to each, according to his need” 1875 K Marx

Offline GSOgymrat

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Re: Legal Situation
« Reply #3 on: April 20, 2011, 08:38:22 am »
Were there any negative ramifications due to this breach in confidence such as job loss, etc? I would think having some kind of negative impact would improve your case.

Here is an interesting article on the topic of HR and confidentiality. http://www.businessweek.com/careers/content/apr2007/ca20070416_888590.htm

For one thing, HR people aren't typically trained in employee counseling and their advice may not be so great. But that's the least of your potential worries when you lay out your troubles with an HR type. Human-resources people typically follow a confidentiality guideline known as the "Need to Know" standard. Here's how it works: When an employee comes to HR with a problem and asks that the conversation stay in confidence, the HR person can say, "Oh, absolutely. I will only share our conversation with others on a 'Need to Know' basis."

Well, what the heck kind of standard is that? I have asked HR people about this slippery standard for years, but I have never met one who can produce a written definition of it. I don't think such a thing exists. It's funny, too, because HR people document every other imaginable standard and protocol, from the number of pay-per-view movies an employee is allowed to watch during his business-travel hotel stays to the exact relatives whose death could entitle an employee for bereavement leave (grandmother, yes; step-grandmother, no). HR people are documentation and policy fiends. But the Need to Know protocol stands alone, undefined. And the risk is all yours.


Offline BigDaneDogs

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Re: Legal Situation
« Reply #4 on: April 21, 2011, 01:53:20 am »
If she posted your medical situation on her FB page, you can pretty much OWN the woman.  I am in the process of going after my employer for firing my because of my medical situation.  It's NOT fun and one HECK of an involved process. 
BigDaneDog because I have two big Danes.
Member since 1993

Offline tednlou2

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Re: Legal Situation
« Reply #5 on: April 21, 2011, 02:51:37 am »
Does an employer have an obligation to protect any information you've shared with them?  I don't know...just asking.  I'm sure they have to protect your social security number and that kind of stuff.  I know here in KY, a former employer cannot tell a perspective employer that you were fired or anything about your work performance.  They can only give your dates of employment.  But, if you disclosed something about yourself, do they legally have to protect that info as a doctor would?  If they were to fire you and/or harass you, then you'd have a discrimination and wrongful termination case for sure. 

I'm curious what the woman said on FB about you.  Even if it wasn't derrogatory, it was still wrong for her to post about it.  I'm not sure what a person would post about someone having HIV on a public Wall that would even be right to do.  I mean, unless a person was very open about having HIV and raising money or something for HIV research and they posted to get people to donate. 

Offline BigDaneDogs

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Re: Legal Situation
« Reply #6 on: April 21, 2011, 02:55:20 am »
TEDNLOU2 --- your personal medical information is protected by law hence my comment about owning her if she posted his personal medical information online.
BigDaneDog because I have two big Danes.
Member since 1993

Offline GSOgymrat

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Re: Legal Situation
« Reply #7 on: April 21, 2011, 06:57:02 am »
It is protected by healthcare providers. If you tell a coworker you have HIV or diabetes or a cold sore they can legally tell whomever they like. I am not sure if an HR representative, which is different than an EAP, is bound by any form of confidentiality. However even if they are not bound legally by confidentiality still doesn't mean you can't sue them. A lawyer really needs to address this issue. Any legal experts on here?

Offline BigDaneDogs

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Re: Legal Situation
« Reply #8 on: April 21, 2011, 09:51:42 am »
Here is the exerpt from ADA law:

"While HIPAA may not impact you directly, the Americans with Disabilities Act (“ADA) probably does.  Under the auspices of the ADA, strict confidentiality requirements on medical information obtained from applicants and employees, regardless of whether they have disabilities or not, must be adhered to at all times.  Under ADA guidelines, such information must be collected on separate forms and maintained in confidential medical files."

BigDaneDog because I have two big Danes.
Member since 1993

Offline Assurbanipal

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Re: Legal Situation
« Reply #9 on: April 21, 2011, 10:05:46 am »
Jayrock

You may get a better response to the specifics of your situation by talking to people at an ASO in your state, or by talking to a group of lawyers.

One suppotive lawyers' group with a helpline is lambda legal.  The details on how to reach out to them are here: http://www.lambdalegal.org/help/

Or you can talk to people at your local ASO  (AIDS Services Organization).  If you don't know how to find one, there is a directory on this site where you can search by zip code for something close to you.  Its at http://directory.poz.com/

edit: for link
« Last Edit: April 21, 2011, 10:07:48 am by Assurbanipal »
5/06 VL 1M+, CD4 22, 5% , pneumonia, thrush -- O2 support 2 months, 6/06 +Kaletra/Truvada
9/06 VL 3959 CD4 297 13.5% 12/06 VL <400 CD4 350 15.2% +Pravachol
2007 VL<400, 70, 50 CD4 408-729 16.0% -19.7%
2008 VL UD CD4 468 - 538 16.7% - 24.6% Osteoporosis 11/08 doubled Pravachol, +Calcium/D
02/09 VL 100 CD4 616 23.7% 03/09 VL 130 5/09 VL 100 CD4 540 28.4% +Actonel (osteoporosis) 7/09 VL 130
8/09  new regimen Isentress/Epzicom 9/09 VL UD CD4 621 32.7% 11/09 VL UD CD4 607 26.4% swap Isentress for Prezista/Norvir 12/09 (liver and muscle issues) VL 50
2010 VL UD CD4 573-680 26.1% - 30.9% 12/10 VL 20
2011 VL UD-20 CD4 568-673 24.7%-30.6%
2012 VL UD swap Prezista/Norvir for Reyataz drop statin CD4 768-828 26.7%-30.7%
2014 VL UD - 48
2015 VL 130 Moved to Triumeq

Offline richie

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Re: Legal Situation
« Reply #10 on: May 11, 2011, 09:31:42 pm »
Federal Courts have consistently held that there is a constitutional right to privacy that protects an individual from the disclosure of information concerning a person’s health, including that person’s HIV status.

You should seek the counsel of an attorney who understands HIV disclosure issues in Mississippi.  Assurbanal is correct that a local ASO may lead you in the right direction.

The more difficult issue is that the information is now public.  You've been outed, and the information cannot be put back.  If you sue your employer (and it would be the employer, not the individual who outed you), they would probably dismiss you, resulting in you suing for wrongful dismissal.  This would be draining, and probably take many years. 

These are not easy issues to deal with.  Sorry it's happened to you.

I "came out" with my status to my ex-boss for a specific reason, but made it clear to him that if he disclosed to anyone, I would sue him to the ends of the earth (I trusted him).  He never disclosed once I informed him of the penalties if he did (State law had VERY large penalties for this).  It's a calculated risk I took.  You, unfortunately, didn't get this option (per your description).  Did you ask the HR rep not to disclose?  Would it have been presumed that she wouldn't because she represented HR?  These are the questions a lawyer would ask, and that would help in building your case.

Good luck.

Offline emeraldize

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Re: Legal Situation
« Reply #11 on: May 11, 2011, 11:28:44 pm »
Make certain you have copies (both printed out and on a jump drive) of the FaceBook page as you'll need it for evidence if you pursue the case legally.

Also note the day/time when the person contacted you to alert you to it. This person is key to corroborating the existence of the page.

Both people were out of line, but particularly the HR person who possibly set the tone for the situation by sharing it with the supervisor who took it another thoughtless (brainless) step farther.

Don't know where you're located, but you need to speak with an attorney. Be prepared, as was asserted earlier, for a lengthy and intense pursuit.

Offline metekrop

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  • Is time running fast for you.
Re: Legal Situation
« Reply #12 on: July 22, 2011, 08:27:33 am »
OMG.  This is bad.

This is basically the consequence of telling anyone about your status.  I feel it always do badly than good.  People most of the times are not trustworthy.  Even if now you may have a winning case, I don’t think it would be advisable to go through all of the ladders to get that result.  Why should you!  Anyways, if this all results in awful to you work/life better you contact your ASO who obviously can give you legal advises and protect your right.  .
Diag.on 12/8, 2000, CD 440 VL 44K, No Meds
12/08 - 2/09 CD< 50 & VL >500k hosp'z.
St. Atripla - 7/09 CD 179, VL 197k
10/09 CD 300 VL U
3/10 468 U
8/10 460 U
12/10 492 U
3/11 636 U
8/11 530 U
1/12  616 U
7/12 640 U
12/12 669 U
5/13 711 U
11/13 663 U
4/14  797 U
10/14 810 U
4/15 671 U
10/15 694 U
3/16 768 U
8/16 459 U
2/22 780 U
8/31 940 U
2/26 809 U
8/18 882 U
3/28 718 U
8/15 778 U
2/25 920 70
8/11 793 U
2/22 690 U
6/8 834 U

Offline emeraldize

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Re: Legal Situation
« Reply #13 on: July 22, 2011, 11:26:27 am »
The last time the OP was on the forum was April 20 and not back per his profile since.

I wonder whether he opted to pursue a case.

Offline skeebo1969

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Re: Legal Situation
« Reply #14 on: July 22, 2011, 11:33:55 am »




I wonder if HR had him offed...
I despise the song Love is in the Air, you should too.

Offline emeraldize

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Re: Legal Situation
« Reply #15 on: July 22, 2011, 11:35:44 am »
OH my---Detective Skeebo, that could be the reason for his sudden disappearance.

Offline skeebo1969

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Re: Legal Situation
« Reply #16 on: July 22, 2011, 11:43:04 am »
OH my---Detective Skeebo, that could be the reason for his sudden disappearance.

The lady that runs the HR department at work is a 4'8" Sicilian, and reminds me of Sammy the Bull.  I told her my status, so if my car suddenly blasts 90 feet in the air I want you all to say something....
I despise the song Love is in the Air, you should too.

Offline Ann

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Re: Legal Situation
« Reply #17 on: July 22, 2011, 12:00:28 pm »
Just an FYI - this thread got dragged up by someone from the Am I forum. I deleted his post, but not before Metekrop replied.


so if my car suddenly blasts 90 feet in the air I want you all to say something....

Of course we will! We'll say, "bye-bye Skeebs, it's been a blast knowing ya!" ;D
Condoms are a girl's best friend

Condom and Lube Info  

"...health will finally be seen not as a blessing to be wished for, but as a human right to be fought for." Kofi Annan

Nymphomaniac: a woman as obsessed with sex as an average man. Mignon McLaughlin

HIV is certainly character-building. It's made me see all of the shallow things we cling to, like ego and vanity. Of course, I'd rather have a few more T-cells and a little less character. Randy Shilts

Offline emeraldize

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Re: Legal Situation
« Reply #18 on: July 22, 2011, 12:41:55 pm »
Just an FYI - this thread got dragged up by someone from the Am I forum. I deleted his post, but not before Metekrop replied.


Of course we will! We'll say, "bye-bye Skeebs, it's been a blast knowing ya!" ;D

Groooooooooooooooooann--good one, Ann.  It is curious the OP hasn't returned. Hope his situation was resolved...in a good way.

Offline metekrop

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Re: Legal Situation
« Reply #19 on: July 22, 2011, 04:23:02 pm »
This man is, I think, sick.  Look the two posts he made back in April.  His computer should totally be banned.

1   Meds, Mind, Body & Benefits / Mental Health & HIV / Re: I hate my life  on: April 20, 2011, 05:52:11 am 
I totally feel you.  I was outed myself by the company I work for after putting my foot in my mouth and sharing with my HR manager my HIV status.  Which she in turn shared with my supervisor who through such a shallow mind put something on her facebook page about me having HIV.  I was totally oblivious to the situation until someone brought it to my attention.  Since that time I had to get some counseling.  Would you know if there is some kind of legal action I can take?
   
 
2   Main Forums / Living With HIV / Legal Situation  on: April 20, 2011, 05:42:20 am 
I was outed by my employer after disclosing to my HR manager about my HIV status.  It all came about when I needed a day off for a doctor's appointment.  Which she in turn shared with my supervisor and it all snowballed from there.  This supervisor then put something on her facebook page about me.  I was totally oblivious to the situation until someone brought it to me.  Is there any legal steps I can take and if so would anyone happen to know a good lawyer in the Mississippi area?
 
Diag.on 12/8, 2000, CD 440 VL 44K, No Meds
12/08 - 2/09 CD< 50 & VL >500k hosp'z.
St. Atripla - 7/09 CD 179, VL 197k
10/09 CD 300 VL U
3/10 468 U
8/10 460 U
12/10 492 U
3/11 636 U
8/11 530 U
1/12  616 U
7/12 640 U
12/12 669 U
5/13 711 U
11/13 663 U
4/14  797 U
10/14 810 U
4/15 671 U
10/15 694 U
3/16 768 U
8/16 459 U
2/22 780 U
8/31 940 U
2/26 809 U
8/18 882 U
3/28 718 U
8/15 778 U
2/25 920 70
8/11 793 U
2/22 690 U
6/8 834 U

Offline Ann

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Re: Legal Situation
« Reply #20 on: July 23, 2011, 07:37:03 am »
This man is, I think, sick.  Look the two posts he made back in April.  His computer should totally be banned.

By your criteria, maybe YOU should also be banned. After all, you are totally ashamed and paranoid when it comes to your virus. You constantly tell people to hide their hiv status at all costs. You could also be deemed "sick", by which I take it you mean having a mental illness. That's what your level of shame and paranoia boarders on - mental illness.

However, we will not ban you or anyone else for something like this. People like the two of you (you and the original poster) need our support, not banishment.

You obviously have a lot of anger, shame and paranoia surrounding your infection and perhaps it's time you sought counselling for that.

Ann
Condoms are a girl's best friend

Condom and Lube Info  

"...health will finally be seen not as a blessing to be wished for, but as a human right to be fought for." Kofi Annan

Nymphomaniac: a woman as obsessed with sex as an average man. Mignon McLaughlin

HIV is certainly character-building. It's made me see all of the shallow things we cling to, like ego and vanity. Of course, I'd rather have a few more T-cells and a little less character. Randy Shilts

Offline metekrop

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  • Is time running fast for you.
Re: Legal Situation
« Reply #21 on: July 25, 2011, 08:58:07 am »

However, we will not ban you or ....

Thank you  ;)


You obviously have a lot of anger, shame and paranoia surrounding your infection ...


Of course I have.  It is not only me ... and everyone with sane mentality has? 

Is this not normal to be ashamed of this infection?  :o This is a problem I personally created in my life and will grieve over for life.  Period.
Diag.on 12/8, 2000, CD 440 VL 44K, No Meds
12/08 - 2/09 CD< 50 & VL >500k hosp'z.
St. Atripla - 7/09 CD 179, VL 197k
10/09 CD 300 VL U
3/10 468 U
8/10 460 U
12/10 492 U
3/11 636 U
8/11 530 U
1/12  616 U
7/12 640 U
12/12 669 U
5/13 711 U
11/13 663 U
4/14  797 U
10/14 810 U
4/15 671 U
10/15 694 U
3/16 768 U
8/16 459 U
2/22 780 U
8/31 940 U
2/26 809 U
8/18 882 U
3/28 718 U
8/15 778 U
2/25 920 70
8/11 793 U
2/22 690 U
6/8 834 U

Offline bocker3

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Re: Legal Situation
« Reply #22 on: July 25, 2011, 10:16:21 am »
Of course I have.  It is not only me ... and everyone with sane mentality has? 

Is this not normal to be ashamed of this infection?  :o This is a problem I personally created in my life and will grieve over for life.  Period.

It is just a virus.  do you feel shame when you catch a cold infection?  that is a virus too!
Yes -- it is a shock and, Yes, it has a far worse impact than a cold virus -- but it is still just a virus. 
Yes -- you could have avoided it by having safe sex, but many can avoid heart attacks by eating right and exercising -- do people feel ashamed of having heart attacks?
No -- the shame comes from outside -- the shame is based on HOW we contract this virus, not that we have it.  Pretty much everyone on this planet has sex at some point.  The fact that there is such feelings around sex has always baffled me -- although growing up Catholic, I get why people get this way.

At any rate -- you have to come to terms with this.  You can't undo the past, so work to get past this shame and get past the need to grieve.  YOU ONLY HAVE A VIRUS.  Get on with your living and enjoying your life.

Mike

Offline Ann

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Re: Legal Situation
« Reply #23 on: July 25, 2011, 12:30:08 pm »

Of course I have.  It is not only me ... and everyone with sane mentality has? 

Is this not normal to be ashamed of this infection?  :o This is a problem I personally created in my life and will grieve over for life.  Period.


Thank you Mike, you to the words right outta my mouth. :)

I have absolutely NO shame over my virus. Why should I? As Mike said, I got it doing something nearly everyone over the age of sixteen has done - I had sex without a condom. Big deal.

Once in a while it pisses me off a bit that I have hiv, but not very often. While I think about hiv nearly every day (because of this website), I rarely really think about my own virus. I've got better things to think about.

Metekrop, please find someone (like a counsellor or therapist) to discuss these issues of yours surrounding your virus before it eats you alive.
Condoms are a girl's best friend

Condom and Lube Info  

"...health will finally be seen not as a blessing to be wished for, but as a human right to be fought for." Kofi Annan

Nymphomaniac: a woman as obsessed with sex as an average man. Mignon McLaughlin

HIV is certainly character-building. It's made me see all of the shallow things we cling to, like ego and vanity. Of course, I'd rather have a few more T-cells and a little less character. Randy Shilts

Offline metekrop

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Re: Legal Situation
« Reply #24 on: July 25, 2011, 01:26:22 pm »
It is just a virus.  do you feel shame when you catch a cold infection?  that is a virus too!
Yes -- it is a shock and, Yes, it has a far worse impact than a cold virus -- but it is still just a virus. 
Yes -- you could have avoided it by having safe sex, but many can avoid heart attacks by eating right and exercising -- do people feel ashamed of having heart attacks?
No -- the shame comes from outside -- the shame is based on HOW we contract this virus, not that we have it.  Pretty much everyone on this planet has sex at some point.  The fact that there is such feelings around sex has always baffled me -- although growing up Catholic, I get why people get this way.

At any rate -- you have to come to terms with this.  You can't undo the past, so work to get past this shame and get past the need to grieve.  YOU ONLY HAVE A VIRUS.  Get on with your living and enjoying your life.

Mike

I don’t know if there was discussion in this forum asking a question like “…How did I get the HIV”.  Oh ha.  No body wants to talk about that. The shame with this “virus” is by and large associated with the way how one got it which is allegedly believed it is shameful sexual practice.  You may say it might be accidental but let set this aside for now….This is not like talking about cold virus or even cancer disease.  Yea, you can say that you can avoid the cold virus by keeping yourself nice and clean.  But this is not the case with acquiring the HIV.  People can, should and will do sex but still can remain free of HIV.  What determines here is what did you do special to install that f*n virus in you. I remember sometime last year when one person saying “people who got the HIV, it is because they deserve it” Have you ever seen the validityof his words.

Being confident enough, the original poster of this tread was trying to tell us that he told his HR manager his status and is now about to face the problem.  (Which later I believe he is telling a lie).  But if this was true, was it okay to tell everybody about his status.   Should you feel proud of you infection at all?  I don’t think so.  May be if I am not employed or think that I have no future and worthless; I might need to tell anyone to get some sort of support.  Else I only disclose my status whenever it is appropriate to do.  I don’t believe it is appropriate to put your life at risk by telling everyone of your status like some people are telling us.  The story told us by the guys can be taken as hypothetical one.

However, you are right that you can’t undo the past.  But you should always keep on grieving about your past.
Diag.on 12/8, 2000, CD 440 VL 44K, No Meds
12/08 - 2/09 CD< 50 & VL >500k hosp'z.
St. Atripla - 7/09 CD 179, VL 197k
10/09 CD 300 VL U
3/10 468 U
8/10 460 U
12/10 492 U
3/11 636 U
8/11 530 U
1/12  616 U
7/12 640 U
12/12 669 U
5/13 711 U
11/13 663 U
4/14  797 U
10/14 810 U
4/15 671 U
10/15 694 U
3/16 768 U
8/16 459 U
2/22 780 U
8/31 940 U
2/26 809 U
8/18 882 U
3/28 718 U
8/15 778 U
2/25 920 70
8/11 793 U
2/22 690 U
6/8 834 U

Offline Ann

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Re: Legal Situation
« Reply #25 on: July 25, 2011, 01:39:19 pm »
The shame with this “virus” is by and large associated with the way how one got it which is allegedly believed it is shameful sexual practice.


You do know how babies are made, right? That damn shameful sex is to blame there too, but people usually brag about their kids. ::)

We are hard-wired to enjoy sex. There's nothing shameful about it, regardless of what religions try to tell you to the contrary.


one person saying “people who got the HIV, it is because they deserve it” Have you ever seen the validityof his words.

Nope, never. Nobody "deserves" hiv. It's not a punishment for "shameful sex", it's just a VIRUS.

Should you feel proud of you infection at all?  I don’t think so.

Feeling proud and not feeling shame are two different concepts. I'm proud of myself. Since hiv is a part of me, I guess you could also say I'm proud of my virus, but that's not really the case. I'm certainly not ashamed of my virus and nothing you or anyone else could say or do anything to make me feel ashamed about it.

But you should always keep on grieving about your past.

Not if you want to enjoy good mental health.

If you want to continue wallowing in your shame and self-pity, go ahead. You don't have to live that way but it's your call.
Condoms are a girl's best friend

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"...health will finally be seen not as a blessing to be wished for, but as a human right to be fought for." Kofi Annan

Nymphomaniac: a woman as obsessed with sex as an average man. Mignon McLaughlin

HIV is certainly character-building. It's made me see all of the shallow things we cling to, like ego and vanity. Of course, I'd rather have a few more T-cells and a little less character. Randy Shilts

Offline Basquo

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Re: Legal Situation
« Reply #26 on: July 25, 2011, 02:07:53 pm »

 But you should always keep on grieving about your past.


No, I shouldn't.

Offline metekrop

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Re: Legal Situation
« Reply #27 on: July 25, 2011, 02:23:46 pm »
You do know how babies are made, right? That damn shameful sex is to blame there too, but people usually brag about their kids. ::)


Did you really get the virus in your attempt to get a baby? ….Did you really, Anna?... Please tell me on this ...Answer also the following question.  How did you do the sex?  In what situation were you in when doing sex? Did you practice safe sex?  Whom did you do sex? In what state of mind you were in while sexing?  etc etc.  The answer for these and such other questions will answer to the misapprehension you have of the virus in you.  And this what I am saying I am always guilty of.

Else, I thank you for recommending me for mental health professional.  But now I can assure you that I am a wonderful man, taking responsibility, striving to grow, advising and helping people and doing everything possible to lead my own life properly.  The reason now why I am this kind of person is because I am grieving of my past and learned a lot from that.  I can't simply say that I am not ashamed of my past.  People are different may be or because this is the Ameican way of life. ;D
« Last Edit: July 25, 2011, 02:27:25 pm by metekrop »
Diag.on 12/8, 2000, CD 440 VL 44K, No Meds
12/08 - 2/09 CD< 50 & VL >500k hosp'z.
St. Atripla - 7/09 CD 179, VL 197k
10/09 CD 300 VL U
3/10 468 U
8/10 460 U
12/10 492 U
3/11 636 U
8/11 530 U
1/12  616 U
7/12 640 U
12/12 669 U
5/13 711 U
11/13 663 U
4/14  797 U
10/14 810 U
4/15 671 U
10/15 694 U
3/16 768 U
8/16 459 U
2/22 780 U
8/31 940 U
2/26 809 U
8/18 882 U
3/28 718 U
8/15 778 U
2/25 920 70
8/11 793 U
2/22 690 U
6/8 834 U

Offline GSOgymrat

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Re: Legal Situation
« Reply #28 on: July 25, 2011, 04:13:43 pm »
Metekrop, your guilt and distress regarding your infection is self-imposed. I don't know why you feel that way. I only respond because if you are suggesting that Ann or they rest of us should feel guilty that we acquired HIV then you are just wrong. You are taking your unnecessary guilt trip by yourself.

Offline emeraldize

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Re: Legal Situation
« Reply #29 on: July 25, 2011, 04:50:28 pm »
Hi Metekrop,

So this means that anyone who acquired it via intravenous drug use, blood tranfusion (hemophilia), rape (providing she/he didn't 'ask for it' by dressing inappropriately, needle stick (healthcare-related) or mother-to-child transmission, can feel good about their relationship to the virus. Is that what you are stating? Getting it via sex is cause for guilt?

Em

Offline Raf

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Re: Legal Situation
« Reply #30 on: July 25, 2011, 08:08:46 pm »
Getting it via sex is cause for guilt?

Even with sex, there would be some circunstances I won't be ashamed, for example condom brekage, or in a monogamous relationship when one partner has cheated the other, get the virus, and infects the other partner.

But I feel very much like metekrop, I mean, how someone on this decade would have sex without condom with a trick (well, in my case, I meet this guy twice). Ok, the guy assured me he was neg...but I was more than capable just to say no, put my pants on and leave out there. But because of being an airhead (and the heat of the moment...I didn't think...but that's not an excuse)., I got what I deserved. I demand (and use) condoms every time I had sex before and after that encounter (at least I don't have the guilt of infecting someone else). But bareback two times with the same guy was more than enough to get me on this mess.

I knew better than this, and even with that I got infected. I still miss the proud young man who would tell the world a big F**k out before 2008 (I still remember, the month before the aids symptoms began to manifest I was really close to come out of the frigging closet, but now I don't see the point, I don't know how my family will react knowing that I'm poz AND gay. They know I'm poz, but that's it. And even if I got out, just to be rejected every fu**ing time? no thanks. Being in a minority INSIDE a minority is annoying).

I really don't know how the people manage to answer the awkward question: "How did you get infected?".
« Last Edit: July 25, 2011, 11:37:18 pm by Raf »
Dx: 05/14/2008
Latest HIV Meds combo I've been taking:

Kaletra + Combivir (since 05/16/2008 - 05/09/2019)
Acriptega (05/10/2019 - today)

Offline le_liseur

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Re: Legal Situation
« Reply #31 on: July 26, 2011, 12:08:05 am »
For one, tho I wouldn't do it the same way I did it on the occasion I believe I was infected, I can still say that the sex I had on that time was pretty hot and good, and the virus aside, it wasn't anything bad at all...  ;D

As others said, a virus is just a virus. The virus doesn't 'think' or prey on 'bad people' like some would like to believe, in a very simplistic way. It's just a virus, it just happens to be there on that time where we (mostly) all didn't play the safe way.

But guilt? And shame? Really? No!

And you might grieve your past if it helps you, but the process of grieving has only been useful once you get off of it. People who grieve the death of someone don't find peace if they can't learn to let it go; the same goes with 'your past'. And no matter what, HIV or not, your past would have fly away anyway.

Offline Grasshopper

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Re: Legal Situation
« Reply #32 on: July 26, 2011, 12:54:07 am »
I really don't know how the people manage to answer the awkward question: "How did you get infected?".

I've been "out of the closet"  since I was 16 years old. Tested positive at 30. NO ONE has ever asked me the question "How did you get infected", and neither have I been rejected by friends or family.

Offline spacebarsux

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Re: Legal Situation
« Reply #33 on: July 26, 2011, 03:29:07 am »
Self-imposed and/or perceived & imagined internalised stigma arising from your HIV infection is probably the most damaging thing for your mental health.

My mom and sis didn't know about me being gay or poz and I was picturing mass hysteria etc. I never told them. My mom found out by accident. Yea, she was shocked and upset. But after the intial blow, she came around and neither her nor my sister have treated me any differently.

If you are willing to look past the shame and stigma in your mind you will see that most people who care for you don't see you as a virus but for the person you are.
Infected-  2005 or early 2006; Diagnosed- Jan 28th, 2011; Feb '11- CD4 754 @34%, VL- 39K; July '11- CD4 907@26%,  VL-81K; Feb '12- CD4 713 @31%, VL- 41K, Nov '12- CD4- 827@31%

Offline metekrop

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Re: Legal Situation
« Reply #34 on: July 26, 2011, 08:47:26 am »
Hi Metekrop,

So this means that anyone who acquired it via intravenous drug use, blood tranfusion (hemophilia), rape (providing she/he didn't 'ask for it' by dressing inappropriately, needle stick (healthcare-related) or mother-to-child transmission, can feel good about their relationship to the virus. Is that what you are stating? Getting it via sex is cause for guilt?

Em

If I may refer you back to my note, I make my limitations on particular issue.  But I am talking about the general population who have the virus.  

In a nut shell ask yourself as to how you get this terrible virus and be REAL and ANSWER for your self.  I got mine and the many of friends who lost their life at a very young age due to the fact that they acquired the thing in a very wild sexual intercourse, unprotected sex, with multiple sexual mates, intoxication with alcohol, excessive drags intake the list goes on. Why you did that? I mean, was it the appropriate thing to do that?  It is the answer for WHY that makes me ashamed.  Being at early age, pursuit of having a baby like someone mentioned above etc. doesn’t answer the question.  This is not also a self-imposed or perceived internalized stigma, but about knowing the reality and being truthful for oneself.

But you know the good thing here is that you can turn this into positive.  Given the advent of new medical science we can now live longer.  I somehow try to explained about myself above. Feeling bad about my infection hasn’t never been damaging to my mental health.  May be except for some missed opportunities in my life, I feel I am living to the fullest of life. Yet I will be living with that f*n shame.  Sometimes life also lets you remind of that shameful experience which you can not avoid.  Every one of us should admit that we did wrong.  If we don't say so that means we are still in the same problems the penalty which would be severely bad (this I don’t know)  :D.

So the bottom line here is BE REALISTIC for your self.  You may say I never ever think of my infection.  I didn’t do nothing wrong.  But that is not living in the WORLD OF  REALITY which is paramount important.
« Last Edit: July 26, 2011, 09:04:01 am by metekrop »
Diag.on 12/8, 2000, CD 440 VL 44K, No Meds
12/08 - 2/09 CD< 50 & VL >500k hosp'z.
St. Atripla - 7/09 CD 179, VL 197k
10/09 CD 300 VL U
3/10 468 U
8/10 460 U
12/10 492 U
3/11 636 U
8/11 530 U
1/12  616 U
7/12 640 U
12/12 669 U
5/13 711 U
11/13 663 U
4/14  797 U
10/14 810 U
4/15 671 U
10/15 694 U
3/16 768 U
8/16 459 U
2/22 780 U
8/31 940 U
2/26 809 U
8/18 882 U
3/28 718 U
8/15 778 U
2/25 920 70
8/11 793 U
2/22 690 U
6/8 834 U

Offline bocker3

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Re: Legal Situation
« Reply #35 on: July 26, 2011, 09:19:46 am »
If I may refer you back to my note, I make my limitations on particular issue.  But I am talking about the general population who have the virus.  

In a nut shell ask yourself as to how you get this terrible virus and be REAL and ANSWER for your self.  I got mine and the many of friends who lost their life at a very young age due to the fact that they acquired the thing in a very wild sexual intercourse, unprotected sex, with multiple sexual mates, intoxication with alcohol, excessive drags intake the list goes on. Why you did that? I mean, was it the appropriate thing to do that?  It is the answer for WHY that makes me ashamed.  Being at early age, pursuit of having a baby like someone mentioned above etc. doesn’t answer the question.  This is not also a self-imposed or perceived internalized stigma, but about knowing the reality and being truthful for oneself.

But you know the good thing here is that you can turn this into positive.  Given the advent of new medical science we can now live longer.  I somehow try to explained about myself above. Feeling bad about my infection hasn’t never been damaging to my mental health.  May be except for some missed opportunities in my life, I feel I am living to the fullest of life. Yet I will be living with that f*n shame.  Sometimes life also lets you remind of that shameful experience which you can not avoid.  Every one of us should admit that we did wrong.  If we don't say so that means we are still in the same problems the penalty which would be severely bad (this I don’t know)  :D.

So the bottom line here is BE REALISTIC for your self.  You may say I never ever think of my infection.  I didn’t do nothing wrong.  But that is not living in the WORLD OF  REALITY which is paramount important.


I daresay that YOUR REALITY and MY REALITY are very different.  You see -- I know that I did NOTHING WRONG when I acquired this virus.  I did something stupid -- I didn't insist on a condom.  If I could go back in time, I'd go back and use a condom everytime (at least, I'd like to think I would, but being a human being -- who knows).  I can assure you that I wasn't drunk or high -- I have been sober since 1989.  What I did -- I did with a completely clear head.
Reread your post -- you really do look at sex in a very negative light -- very judgemental.  You must find a way to get past all this or you will be a very unhappy man for the rest of your life.  HIV is just a virus -- it doesn't care who your are, who you fuck or anything else about you.  It is just a virus -- just like a cold virus, just like a flu virus.  You can add any "but" you want -- you still end up with a virus.

With that -- I wish you luck in pulling out of you self-imposed prison of guilt.  The choice is yours -- get help and pull out and live in your own hell.  I pulled out of mine and enjoy my life much more.

Mike

Offline spacebarsux

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Re: Legal Situation
« Reply #36 on: July 26, 2011, 10:10:30 am »
If I may refer you back to my note, I make my limitations on particular issue.  But I am talking about the general population who have the virus.  

In a nut shell ask yourself as to how you get this terrible virus and be REAL and ANSWER for your self.  I got mine and the many of friends who lost their life at a very young age due to the fact that they acquired the thing in a very wild sexual intercourse, unprotected sex, with multiple sexual mates, intoxication with alcohol, excessive drags intake the list goes on. Why you did that? I mean, was it the appropriate thing to do that?  It is the answer for WHY that makes me ashamed.  Being at early age, pursuit of having a baby like someone mentioned above etc. doesn’t answer the question.  This is not also a self-imposed or perceived internalized stigma, but about knowing the reality and being truthful for oneself.

Would you still carry the shame if you had done everything above except that the sex was protected every time?

You know metekrop, there is nothing wrong with liking sex. It is perfectly natural, is it not?. There is also nothing wrong in having multiple sex partners. It is the cultural morals/judgment that society puts on these acts that sows the seeds of guilt in people's minds. Is there some rule that all promiscuous people are bad and all the prudes of the world are the harbingers of everything good?- Because if thats the case then I have seen plenty of evidence to the contrary.

I don't see lung cancer patients (due to excessive smoking), heart disease patients (due to bad eating habits) putting themselves through this sort of self-imposed mental anguish. They probably regret smoking so much or eating poorly, as I am sure many poz folk regret not having used a condom. But that is as far as it should go. And one needs to move on from that too, because after all we are human and we all make mistakes.
« Last Edit: July 26, 2011, 10:14:56 am by spacebarsux »
Infected-  2005 or early 2006; Diagnosed- Jan 28th, 2011; Feb '11- CD4 754 @34%, VL- 39K; July '11- CD4 907@26%,  VL-81K; Feb '12- CD4 713 @31%, VL- 41K, Nov '12- CD4- 827@31%

Offline metekrop

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Re: Legal Situation
« Reply #37 on: July 26, 2011, 10:36:26 am »
  I did something stupid -- I didn't insist on a condom. 
Mike

By your own admission you did something stupid and that is a kind of things I am talking about.  You said you didn't use condom.  When was the teaching on use of condom start to surface in the world?  I hope you start treatment in year 2005.  May be you were infected at about the same time when so many people are falling down of this disease partly because they fail to use condom like you. 

I got the virus sometime back in 1993 or 1994.  That is long time when it is compare with yours.  A person like me can say I fail to use condom, that time.  But there is no any rational justification for a person like you to say I fail to do sex without condom after ten twelve years.  Who gave you that stupidity when so many medias in the world are preaching about the use of condom?  Hope you watch TV, listen to radios, read newspaper, go to church, school etc etc.  Yea, you can scream loud that this is just like a cold virus.  Okay, let it be for you. But the fact of the matter still remains in every body of us who are paying the hard cost of this stupidity.  To say HIV is like cold Virus is itself misleading concept to common young adult folks out there which we should be careful. 

However, you can say that I need mental health specialist but I can tell you that no one here have a moral background to tell me that I need a mental health specialist where he himself is in a big social and physiological mess.
Diag.on 12/8, 2000, CD 440 VL 44K, No Meds
12/08 - 2/09 CD< 50 & VL >500k hosp'z.
St. Atripla - 7/09 CD 179, VL 197k
10/09 CD 300 VL U
3/10 468 U
8/10 460 U
12/10 492 U
3/11 636 U
8/11 530 U
1/12  616 U
7/12 640 U
12/12 669 U
5/13 711 U
11/13 663 U
4/14  797 U
10/14 810 U
4/15 671 U
10/15 694 U
3/16 768 U
8/16 459 U
2/22 780 U
8/31 940 U
2/26 809 U
8/18 882 U
3/28 718 U
8/15 778 U
2/25 920 70
8/11 793 U
2/22 690 U
6/8 834 U

Offline spacebarsux

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Re: Legal Situation
« Reply #38 on: July 26, 2011, 10:43:35 am »
Someone wise once said "It is sometimes better to keep your mouth shut and let people think you are an idiot rather than opening it and removing all doubts."
« Last Edit: July 26, 2011, 10:45:34 am by spacebarsux »
Infected-  2005 or early 2006; Diagnosed- Jan 28th, 2011; Feb '11- CD4 754 @34%, VL- 39K; July '11- CD4 907@26%,  VL-81K; Feb '12- CD4 713 @31%, VL- 41K, Nov '12- CD4- 827@31%

Offline GSOgymrat

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Re: Legal Situation
« Reply #39 on: July 26, 2011, 10:52:47 am »
So the bottom line here is BE REALISTIC for your self.  You may say I never ever think of my infection.  I didn’t do nothing wrong.  But that is not living in the WORLD OF  REALITY which is paramount important.

How realistic is it to think you are never going to make mistakes? How realistic is it to expect everyone, including yourself, to use a condom correctly every time for the rest of your life? How useful is it to obsess about one thing you did wrong and feeling guilt, one of the most useless of emotions?

I have made lots of mistakes in my life and contracting HIV is probably not the worst. Do I wish I had used a condom that night? Of course. I also wish I had taken gymnastics as a child. I wish I had not returned my military scholarship and dropped out of nuclear engineering. I wish I hadn't wasted 3 years in a relationship that was going nowhere. I wish I had not eaten that large order of McDonald's french fries last night.

How silly would it be for me to perseverate about not using a condom once 18 years ago! It does nothing to help me be productive, successful or happy now. As I said before, you are taking your guilt trip by yourself.
« Last Edit: July 26, 2011, 10:59:38 am by GSOgymrat »

Offline Jeff G

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Re: Legal Situation
« Reply #40 on: July 26, 2011, 11:18:56 am »
Metekrop you have no right to judge people in this forum much less preach to them . You are engaging in internal stigma as well as external stigma when you attempt to moralize over a virus . Your moral judgements about what is right and wrong are not appreciated .     
HIV 101 - Basics
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You can read more about Transmission and Risks here:
HIV Transmission and Risks
You can read more about Testing here:
HIV Testing
You can read more about Treatment-as-Prevention (TasP) here:
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You can read more about PEP and PrEP here
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Offline metekrop

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Re: Legal Situation
« Reply #41 on: July 26, 2011, 12:55:45 pm »
Dictatorship in action!  :o
Diag.on 12/8, 2000, CD 440 VL 44K, No Meds
12/08 - 2/09 CD< 50 & VL >500k hosp'z.
St. Atripla - 7/09 CD 179, VL 197k
10/09 CD 300 VL U
3/10 468 U
8/10 460 U
12/10 492 U
3/11 636 U
8/11 530 U
1/12  616 U
7/12 640 U
12/12 669 U
5/13 711 U
11/13 663 U
4/14  797 U
10/14 810 U
4/15 671 U
10/15 694 U
3/16 768 U
8/16 459 U
2/22 780 U
8/31 940 U
2/26 809 U
8/18 882 U
3/28 718 U
8/15 778 U
2/25 920 70
8/11 793 U
2/22 690 U
6/8 834 U

Offline Raf

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Re: Legal Situation
« Reply #42 on: July 26, 2011, 01:06:07 pm »
I don't see lung cancer patients (due to excessive smoking), heart disease patients (due to bad eating habits) putting themselves through this sort of self-imposed mental anguish. They probably regret smoking so much or eating poorly, as I am sure many poz folk regret not having used a condom. But that is as far as it should go. And one needs to move on from that too, because after all we are human and we all make mistakes.

I just wanted to point that this comparison is a bit unfortunate. For the lung cancer patients, or heart attack victims avoiding this require a change of lifestyle, but for getting HIV you don't need to change anything of your lifestyle, just remember the condoms. Only 20 minutes of unprotected sex (even less) is required to get the damn virus, opposed to years of eating poorly or smoking.
Dx: 05/14/2008
Latest HIV Meds combo I've been taking:

Kaletra + Combivir (since 05/16/2008 - 05/09/2019)
Acriptega (05/10/2019 - today)

Offline phildinftlaudy

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Re: Legal Situation
« Reply #43 on: July 26, 2011, 01:29:27 pm »
Dictatorship in action!  :o
How is this dictatorship?  Where do you get your definitions? Please let me know so I will avoid using that dictionary.

No one said you couldn't say something or that you had to say something - they merely stated disagreement with what you said and that it wasn't appreciated ---- believe me, if it was dictatorship you would know it.

Freedom of speech also means freedom of response to that speech.
September 13, 2008 - diagnosed +
Labs:
Date    CD4    %   VL     Date  CD4  %   VL
10/08  636    35  510   9/09 473  38 2900  12/4/09 Atripla
12/09  540    30    60   
12/10  740    41  <48   
8/11    667    36  <20  
03/12  1,041  42  <20
05/12  1,241  47  <20
08/12   780    37  <20
11/12   549    35  <20
02/12  1,102  42  <20
11/12   549    35  <20

Offline metekrop

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Re: Legal Situation
« Reply #44 on: July 26, 2011, 01:44:06 pm »
I might be wrong.  But that is what I thought.  When my expression of disagreement is taken as judgment in this forum and told bluntly that I have no right to do so, that is in Spanish or something else seem to me dictatorship. 

Once again I am not scientist but don't buy the idea which states that HIV is the same as cold virus. Okay
Diag.on 12/8, 2000, CD 440 VL 44K, No Meds
12/08 - 2/09 CD< 50 & VL >500k hosp'z.
St. Atripla - 7/09 CD 179, VL 197k
10/09 CD 300 VL U
3/10 468 U
8/10 460 U
12/10 492 U
3/11 636 U
8/11 530 U
1/12  616 U
7/12 640 U
12/12 669 U
5/13 711 U
11/13 663 U
4/14  797 U
10/14 810 U
4/15 671 U
10/15 694 U
3/16 768 U
8/16 459 U
2/22 780 U
8/31 940 U
2/26 809 U
8/18 882 U
3/28 718 U
8/15 778 U
2/25 920 70
8/11 793 U
2/22 690 U
6/8 834 U

Offline Hellraiser

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Re: Legal Situation
« Reply #45 on: July 26, 2011, 01:46:54 pm »
Once again I am not scientist but don't buy the idea which states that HIV is the same as cold virus. Okay

Biologically they're both viruses.  They infect and produce copies of themselves and continue their "life" cycle.  They are no different in that respect.  One your body can clear on its own and the other it cannot.

Offline Jeff G

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Re: Legal Situation
« Reply #46 on: July 26, 2011, 02:11:50 pm »
Dictatorship in action!  :o

I have empathy for what you are dealing with and I sincerely hope you are able to deal with your shame and guilt . I have a problem with you trying to make an argument that others should share in your guilt and shame that's all . Its like you are insisting that's these feelings you have are logical and healthy when in fact they are not .

I'm wishing you the best , please look at some of the excellent advice you have been given a second time and see if maybe you should consider seeing things differently . 
HIV 101 - Basics
HIV 101
You can read more about Transmission and Risks here:
HIV Transmission and Risks
You can read more about Testing here:
HIV Testing
You can read more about Treatment-as-Prevention (TasP) here:
HIV TasP
You can read more about HIV prevention here:
HIV prevention
You can read more about PEP and PrEP here
PEP and PrEP

Offline metekrop

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Re: Legal Situation
« Reply #47 on: July 26, 2011, 03:15:32 pm »
Biologically they're both viruses.  They infect and produce copies of themselves and continue their "life" cycle.  They are no different in that respect.  One your body can clear on its own and the other it cannot.

Yes, they might be the same from science point of view.  I have no knowledge about scinence.  And yet why they both are called a virus. 

Back in time, during my first diagnosis, I was in the camp of the dinalists.  The main proponents of this group was to tell people that HIV is a passenger virus which is not harmful to human beings.  Being totally convinced I was a follower of this group up to the day I hospitalized and come back again with CD of less than 50 and VL of more than Half a million.  Now again this time what amazes me the fact that I see people who claim that Hiv is just like cold virus and I am not ashamed of by having it.  By for now.   
Diag.on 12/8, 2000, CD 440 VL 44K, No Meds
12/08 - 2/09 CD< 50 & VL >500k hosp'z.
St. Atripla - 7/09 CD 179, VL 197k
10/09 CD 300 VL U
3/10 468 U
8/10 460 U
12/10 492 U
3/11 636 U
8/11 530 U
1/12  616 U
7/12 640 U
12/12 669 U
5/13 711 U
11/13 663 U
4/14  797 U
10/14 810 U
4/15 671 U
10/15 694 U
3/16 768 U
8/16 459 U
2/22 780 U
8/31 940 U
2/26 809 U
8/18 882 U
3/28 718 U
8/15 778 U
2/25 920 70
8/11 793 U
2/22 690 U
6/8 834 U

Offline emeraldize

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Re: Legal Situation
« Reply #48 on: July 26, 2011, 03:36:54 pm »
If I may refer you back to my note, I make my limitations on particular issue.  But I am talking about the general population who have the virus.  

In a nut shell ask yourself as to how you get this terrible virus and be REAL and ANSWER for your self.  I got mine and the many of friends who lost their life at a very young age due to the fact that they acquired the thing in a very wild sexual intercourse, unprotected sex, with multiple sexual mates, intoxication with alcohol, excessive drags intake the list goes on. Why you did that? I mean, was it the appropriate thing to do that?  It is the answer for WHY that makes me ashamed.  Being at early age, pursuit of having a baby like someone mentioned above etc. doesn’t answer the question.  This is not also a self-imposed or perceived internalized stigma, but about knowing the reality and being truthful for oneself.

But you know the good thing here is that you can turn this into positive.  Given the advent of new medical science we can now live longer.  I somehow try to explained about myself above. Feeling bad about my infection hasn’t never been damaging to my mental health.  May be except for some missed opportunities in my life, I feel I am living to the fullest of life. Yet I will be living with that f*n shame.  Sometimes life also lets you remind of that shameful experience which you can not avoid.  Every one of us should admit that we did wrong.  If we don't say so that means we are still in the same problems the penalty which would be severely bad (this I don’t know)  :D.

So the bottom line here is BE REALISTIC for your self.  You may say I never ever think of my infection.  I didn’t do nothing wrong.  But that is not living in the WORLD OF  REALITY which is paramount important.


Hi Metekrop

I think you thought you were writing to Ann instead of to me -- the baby reference makes me think that.

I can hardly follow the posts at this point.

All I was trying to illustrate was if acquiring the virus from sex should be guilt-inducing, then using your logic, if you got it any other way then there's no guilt to be had...hurray! Someone gets off in your world view.

Everyone here is trying to say quite simply that a virus that has no bounds of age, gender, education or class, should not be given the power to make its host feel guilty about how it arrived at the life party!!

Em

Offline phildinftlaudy

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Re: Legal Situation
« Reply #49 on: July 26, 2011, 04:07:06 pm »
It's Tuesday afternoon - and time for "Here's that Definition...." with your host ----- Merriam-Webster online dictionary.....

Guilt
1. the fact of having committed a breach of conduct especially violating law and involving a penalty; broadly : guilty conduct
2a : the state of one who has committed an offense especially consciously b : feelings of culpability especially for imagined offenses or from a sense of inadequacy : self-reproach
3: a feeling of culpability for offenses

Shame
a : a painful emotion caused by consciousness of guilt, shortcoming, or impropriety b : the susceptibility to such emotion <have you no shame?>
2: a condition of humiliating disgrace or disrepute : ignominy <the shame of being arrested>
3a : something that brings censure or reproach; also : something to be regretted : pity <it's a shame you can't go> b : a cause of feeling shame

Virus
2a : the causative agent of an infectious disease b : any of a large group of submicroscopic infective agents that are regarded either as extremely simple microorganisms or as extremely complex molecules, that typically contain a protein coat surrounding an RNA or DNA core of genetic material but no semipermeable membrane, that are capable of growth and multiplication only in living cells, and that cause various important diseases in humans, lower animals, or plants; also : filterable virus c : a disease or illness caused by a virus
3: something that poisons the mind or soul <the force of this virus of prejudice — V. S. Waters>

Now, as for me.... I don't feel guilt about having HIV - as I have committed no offense, nor do I choose to feel or feed into a sense of inadequacy.  I don't feel shame over my condition - as I don't see the benefit of living in disgrace - although I could see one having shame if they regret having gotten HIV - but hopefully they would get acceptance and not stay in a state of shame.

I definitely see myself as having definition 2a and 2b of virus - but there is no way in hell I am going to feed into having definition 3 - something that poisons the mind or soul - as this wuld be purely based on a subjective moral judgement - having no basis in logic (whether someone is a believer in a higher power or not).

As long as people are "ashamed" to have HIV - there will be shame to have --- rid yourself of shame and you will find that it is a feeling/condition that exists solely based on the weight or perceptions given it by the carrier - no more, no less.

September 13, 2008 - diagnosed +
Labs:
Date    CD4    %   VL     Date  CD4  %   VL
10/08  636    35  510   9/09 473  38 2900  12/4/09 Atripla
12/09  540    30    60   
12/10  740    41  <48   
8/11    667    36  <20  
03/12  1,041  42  <20
05/12  1,241  47  <20
08/12   780    37  <20
11/12   549    35  <20
02/12  1,102  42  <20
11/12   549    35  <20

Offline Joe K

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Re: Legal Situation
« Reply #50 on: July 26, 2011, 08:52:29 pm »
You can never ask someone to do something, that they are unwilling to do for themselves.  It is much easier to delude yourself, than do the hard work necessary to overcome your own demons.  It is even harder, when you simply refuse to consider that there is more than one possible answer to any question.  Metekrop does not care what any of us think, because he refuses to consider any other option.  As much as I would like to help, I have nothing to offer, because anything we say certainly falls on deaf ears.

One of the hardest things in the world to do, is to suggest to a martyr that they may be wrong.  They need the feelings, that eat at them, because at least then they know they are still alive.  What is saddest about cases like these, is the guilt, shame and anger are solely of his making and there is nothing you can say, that will cause him to reconsider how he feels.  Doing so only angers him, because he has defined his own miserable reality and he resents that others do not share his misery.

He holds the power to change his views.  He simply chooses not to use it, or to even consider if he should.

Offline BJS2011

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Re: Legal Situation
« Reply #51 on: July 26, 2011, 11:36:18 pm »
I am so sorry to hear this. What is wrong with people. Geez!!

Offline spacebarsux

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Re: Legal Situation
« Reply #52 on: July 27, 2011, 03:22:39 am »
I just wanted to point that this comparison is a bit unfortunate. For the lung cancer patients, or heart attack victims avoiding this require a change of lifestyle, but for getting HIV you don't need to change anything of your lifestyle, just remember the condoms. Only 20 minutes of unprotected sex (even less) is required to get the damn virus, opposed to years of eating poorly or smoking.

No man, I think it's a valid comparison in the sense that people take risks and make mistakes/choices which they know may have harmful consequences.

If anything, going by your logic, it can also be argued that the fact that it was a one time 20 minute mistake for some is all the more reason to forgive yourself and move on. At least you are not repeating the mistake everytime you burn your lungs with a cigarette.

If one is looking to split hairs in every rational viewpoint to find additional reasons to fall back into a pit of despair, guilt and self-pity then there is only so much that others can say, because it is only you who can pull yourself out of it. I think most of us have been there immediately after our diagnosis and know what it feels like.
Infected-  2005 or early 2006; Diagnosed- Jan 28th, 2011; Feb '11- CD4 754 @34%, VL- 39K; July '11- CD4 907@26%,  VL-81K; Feb '12- CD4 713 @31%, VL- 41K, Nov '12- CD4- 827@31%

Offline buginme2

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Re: Legal Situation
« Reply #53 on: July 27, 2011, 04:38:32 am »


If anything, going by your logic, it can also be argued that the fact that it was a one time 20 minute mistake for some is all the more reason to forgive yourself and move on. At least you are not repeating the mistake everytime you burn your lungs with a cigarette.



Good point!!

There may be a cultural thing going on here as well.  Metro may be coming from a different place were sex (or gay sex for that matter) could be viewed with contempt. 

Regardless if you get lung cancer from smoking, cervical cancer from the hpv virus(also sexually transmitted), or heart disease from not enough exercise, you really need to get to the point where you can forgive yourself for being human, for being imperfect. To hold yourself responsible for a disease to me seems overwhelming.  I hope you can find it within you to forgive yourself metro!  Lifes too short!
Don't be fancy, just get dancey

Offline bocker3

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Re: Legal Situation
« Reply #54 on: July 27, 2011, 07:27:10 am »
By your own admission you did something stupid and that is a kind of things I am talking about.  You said you didn't use condom.  When was the teaching on use of condom start to surface in the world?  I hope you start treatment in year 2005.  May be you were infected at about the same time when so many people are falling down of this disease partly because they fail to use condom like you. 

I got the virus sometime back in 1993 or 1994.  That is long time when it is compare with yours.  A person like me can say I fail to use condom, that time.  But there is no any rational justification for a person like you to say I fail to do sex without condom after ten twelve years.  Who gave you that stupidity when so many medias in the world are preaching about the use of condom?  Hope you watch TV, listen to radios, read newspaper, go to church, school etc etc.  Yea, you can scream loud that this is just like a cold virus.  Okay, let it be for you. But the fact of the matter still remains in every body of us who are paying the hard cost of this stupidity.  To say HIV is like cold Virus is itself misleading concept to common young adult folks out there which we should be careful. 

However, you can say that I need mental health specialist but I can tell you that no one here have a moral background to tell me that I need a mental health specialist where he himself is in a big social and physiological mess.


There is a rational justification -- and many others have said it too -- that "justificaiton" is that I AM A HUMAN BEING AND I MAKE MISTAKES.  So don't come at me with your accusations and try and heap your guilt and shame on to me.  I don't subscribe to your view of the world and I won't accept your shame.  There is a difference between "being stupid" and wallowing in guilt.  I can admit that my infection is my own fault -- but it's done, can't be undone and the fact that I had a stupid moment (or several) doesn't make me a bad person.  I am choosing to forgive myself and get on with living my life with a sense of joy.
If you have been living with this virus for as long as you have and still harbor all this shame and guilt -- well, I daresay that there is little hope for you -- because you refuse to do anything to move past it.

So -- if you want to live in guilt and shame, then please do so -- but don't you dare toss any of it on me.

Hoping you find peace some day,
Mike

Offline Raf

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Re: Legal Situation
« Reply #55 on: July 27, 2011, 07:43:00 am »
No man, I think it's a valid comparison in the sense that people take risks and make mistakes/choices which they know may have harmful consequences.

If anything, going by your logic, it can also be argued that the fact that it was a one time 20 minute mistake for some is all the more reason to forgive yourself and move on. At least you are not repeating the mistake everytime you burn your lungs with a cigarette.

If one is looking to split hairs in every rational viewpoint to find additional reasons to fall back into a pit of despair, guilt and self-pity then there is only so much that others can say, because it is only you who can pull yourself out of it. I think most of us have been there immediately after our diagnosis and know what it feels like.

Yeah, but there's one point that bothers me. A change in the lifestyle (stop eating so much, stop smoking) most of time requires strong will and commitment, and many people fail at the attempt, but hell, just say no to sex without condoms is not rocket science or need a strong effort to do so.

Unlike Met, I'm not saying anything about anyone regarding this, if you have come to terms with this, it's fine by me. I just cannot admit I had that mistake, specially when I was so strict regarding this subject (again, a failure as you see). This was, to the very least, a flaw of my character, and something I'm not proud or anything.

I tried to forgive myself, but this come back to me again...and again. It's been 3 years after my Dx and it feels like it was yesterday.
Dx: 05/14/2008
Latest HIV Meds combo I've been taking:

Kaletra + Combivir (since 05/16/2008 - 05/09/2019)
Acriptega (05/10/2019 - today)

Offline buginme2

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Re: Legal Situation
« Reply #56 on: July 27, 2011, 08:18:44 am »
If you want to blame yourself for contracting HIV fine.  After all you had unprotected sex.

But how long are you going to punish yourself for your mistake?  What is a proper punishment?  Met you said you got HIV in 1993.  Have you been punishing yourself over this for 18 years then?  Does the punishment fit the crime?  How long do you (or anyone else whos punishing themselves over this) need to feel guilty over it?  Even prisoners get out of jail at some point.
Don't be fancy, just get dancey

Offline spacebarsux

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Re: Legal Situation
« Reply #57 on: July 27, 2011, 08:30:03 am »
Yeah, but there's one point that bothers me. A change in the lifestyle (stop eating so much, stop smoking) most of time requires strong will and commitment, and many people fail at the attempt, but hell, just say no to sex without condoms is not rocket science or need a strong effort to do so.

Unlike Met, I'm not saying anything about anyone regarding this, if you have come to terms with this, it's fine by me. I just cannot admit I had that mistake, specially when I was so strict regarding this subject (again, a failure as you see). This was, to the very least, a flaw of my character, and something I'm not proud or anything.

I tried to forgive myself, but this come back to me again...and again. It's been 3 years after my Dx and it feels like it was yesterday.

It is hard to forgive yourself for a mistake that has permanent consequences,  no denying that- but it is not impossible.

In my case, I used condoms consistently and still managed to get infected somehow. I may think it was oral sex or a broken condom or whatever but I will never know for certain how exactly it happened.  I can assure you that getting infected despite being careful does not make the pain any less.

My counselor shared something very enlightening with me. She said it is a public health problem and therefore assigning blame on someone else or even yourself is counterproductive and unhealthy. Many people get infected despite being careful for several years and conversely many people do not get infected despite being callous with their health. What happens, happens.

Have you tried talking to a professional mental health therapist? Just talking about my feelings helped me.

We know that we can not change our status, what we can change is our attitude.
Infected-  2005 or early 2006; Diagnosed- Jan 28th, 2011; Feb '11- CD4 754 @34%, VL- 39K; July '11- CD4 907@26%,  VL-81K; Feb '12- CD4 713 @31%, VL- 41K, Nov '12- CD4- 827@31%

Offline metekrop

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Re: Legal Situation
« Reply #58 on: July 27, 2011, 09:41:04 am »
If you want to blame yourself for contracting HIV fine.  After all you had unprotected sex.

But how long are you going to punish yourself for your mistake?  What is a proper punishment?  Met you said you got HIV in 1993.  Have you been punishing yourself over this for 18 years then?  Does the punishment fit the crime?  How long do you (or anyone else whos punishing themselves over this) need to feel guilty over it?  Even prisoners get out of jail at some point.

My friend, I didn’t say I have punished myself for doing bad.  What in fact I said was that I kept on living my life in denial up to the days in year 2008.  The eighteen years I spend after possible infection were full of joy and normal life.  No test for HIV, No condom, no nothing over all these years.   My punishment may then be of my falling down of a disease and coming to death at the end of December of 2008.  It is on this day that I paid the price for all of the mistakes I was making in the past which of course is the end result of the whole show. 

Now I am saying when I think of the days I spend during and after 1993/94, I feel awful and horrible and the things I did were full of shame.  Standing now on my two feats looking at my back, there is no way that I might say that those day were fantastically wonderful.  And even worst of all I can’t minimize the thing happened in my life now by saying HIV is the same as cold Virus.  Once again let me remind you that the denilist people were saying that HIV is a passenger virus that does not do any harm to the human body.  The reason may be I am saying this it is because I ALMOST FACE DEATH and it is this experience that makes me different from you guys.  And also it is this experience that shape up my view of myself and the problem I am in.

Anyways now I came to believe that everyone here has his own view which he is entitled to.  I will no more come to this thread for discussion.  Next week Tuesday I have doctor appointment where I will be having a lab test.  Hope me good result on the lab.  This is always what worries me.   
 ;D
Diag.on 12/8, 2000, CD 440 VL 44K, No Meds
12/08 - 2/09 CD< 50 & VL >500k hosp'z.
St. Atripla - 7/09 CD 179, VL 197k
10/09 CD 300 VL U
3/10 468 U
8/10 460 U
12/10 492 U
3/11 636 U
8/11 530 U
1/12  616 U
7/12 640 U
12/12 669 U
5/13 711 U
11/13 663 U
4/14  797 U
10/14 810 U
4/15 671 U
10/15 694 U
3/16 768 U
8/16 459 U
2/22 780 U
8/31 940 U
2/26 809 U
8/18 882 U
3/28 718 U
8/15 778 U
2/25 920 70
8/11 793 U
2/22 690 U
6/8 834 U

Offline Joe K

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Re: Legal Situation
« Reply #59 on: July 27, 2011, 10:47:32 am »
Now I am saying when I think of the days I spend during and after 1993/94, I feel awful and horrible and the things I did were full of shame.  Standing now on my two feats looking at my back, there is no way that I might say that those day were fantastically wonderful.  And even worst of all I can’t minimize the thing happened in my life now by saying HIV is the same as cold Virus.  Once again let me remind you that the denilist people were saying that HIV is a passenger virus that does not do any harm to the human body.  The reason may be I am saying this it is because I ALMOST FACE DEATH and it is this experience that makes me different from you guys.  And also it is this experience that shape up my view of myself and the problem I am in.

Try as I might, I cannot understand what you are trying to say.  What denialists said about HIV does not matter, because they lied.  You facing death from your infection, does not make you different from us, it makes you just the same, as many of us have faced such adversity, often for years at a time.  What makes you different, is you are unwilling to even consider some of the points presented and as I said before, there is nothing we can say to encourage you to reconsider how your view yourself.  You seem to enjoy wallowing in misery of your own making and all we can offer is the hope that someday you may change.

What I find saddest about your situation, is that you do not have to live like this, but as always, real change can only come from within.


Offline metekrop

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Re: Legal Situation
« Reply #60 on: July 27, 2011, 11:39:26 am »
Try as I might, I cannot understand what you are trying to say.  What denialists said about HIV does not matter, because they lied.  You facing death from your infection, does not make you different from us, it makes you just the same, as many of us have faced such adversity, often for years at a time.  What makes you different, is you are unwilling to even consider some of the points presented and as I said before, there is nothing we can say to encourage you to reconsider how your view yourself.  You seem to enjoy wallowing in misery of your own making and all we can offer is the hope that someday you may change.

What I find saddest about your situation, is that you do not have to live like this, but as always, real change can only come from within.



One more time, the denilist view of Hiv was not simply because they are liars.  But they were deadly wrong.  Hope you understand me when I say wrong doing as opposed to a lie.  They did wrong because of the illusive nature of the virus.  They were/are not ordinary people like me.  Some of them were noble prize winners and great personalities of our world. I don’t think it would be fair to say that these people are flat liars.  

I say also the fact that I face death make my view of the problem different from that of yours.  I don’t know about you and most of the people here.  But I firmly believe that a person who knows well about death by having less than 50 CD and whole lot of VL and OIs do have the same perception of life like a person who have a CD count of 600/700 up on diagnosis for disease.  Why you guys have to secluded this forum into LTS and others?  The answer is mainly because you attempt to reflect this reality.

So, if any person who went into that kind of ordeal tries to minimize the problem by saying I never ever think of my infection, I say he must have gotten a problem.  And this is how the whole issue of comparing the HIV to cold virus, being indifference about the past etc etc came up. Thank you.
« Last Edit: July 27, 2011, 12:39:38 pm by metekrop »
Diag.on 12/8, 2000, CD 440 VL 44K, No Meds
12/08 - 2/09 CD< 50 & VL >500k hosp'z.
St. Atripla - 7/09 CD 179, VL 197k
10/09 CD 300 VL U
3/10 468 U
8/10 460 U
12/10 492 U
3/11 636 U
8/11 530 U
1/12  616 U
7/12 640 U
12/12 669 U
5/13 711 U
11/13 663 U
4/14  797 U
10/14 810 U
4/15 671 U
10/15 694 U
3/16 768 U
8/16 459 U
2/22 780 U
8/31 940 U
2/26 809 U
8/18 882 U
3/28 718 U
8/15 778 U
2/25 920 70
8/11 793 U
2/22 690 U
6/8 834 U

Offline AlanBama

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Re: Legal Situation
« Reply #61 on: July 27, 2011, 02:39:09 pm »

I say also the fact that I face death make my view of the problem different from that of yours.  I don’t know about you and most of the people here.  But I firmly believe that a person who knows well about death by having less than 50 CD and whole lot of VL and OIs do have the same perception of life like a person who have a CD count of 600/700 up on diagnosis for disease.  Why you guys have to secluded this forum into LTS and others?  The answer is mainly because you attempt to reflect this reality.

I think you are very confused, and hope you can get some help with your issues.   The LTS forum has nothing to do with people's CD4 counts, and when you say your perception is different from ours because we haven't faced death, you're just plain wrong.  Many of us have, repeatedly.
"Remember my sentimental friend that a heart is not judged by how much you love, but by how much you are loved by others." - The Wizard of Oz

Offline Joe K

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Re: Legal Situation
« Reply #62 on: July 27, 2011, 03:01:53 pm »
One more time, the denilist view of Hiv was not simply because they are liars.  But they were deadly wrong.  Hope you understand me when I say wrong doing as opposed to a lie.  They did wrong because of the illusive nature of the virus.  They were/are not ordinary people like me.  Some of them were noble prize winners and great personalities of our world. I don’t think it would be fair to say that these people are flat liars.  

I say also the fact that I face death make my view of the problem different from that of yours.  I don’t know about you and most of the people here.  But I firmly believe that a person who knows well about death by having less than 50 CD and whole lot of VL and OIs do have the same perception of life like a person who have a CD count of 600/700 up on diagnosis for disease.  Why you guys have to secluded this forum into LTS and others?  The answer is mainly because you attempt to reflect this reality.

So, if any person who went into that kind of ordeal tries to minimize the problem by saying I never ever think of my infection, I say he must have gotten a problem.  And this is how the whole issue of comparing the HIV to cold virus, being indifference about the past etc etc came up. Thank you.

Sorry I cannot agree that denialists were not liars, because they knew what they said was not the truth.  Try as you might, you cannot put a positive spin on AIDS denialists, because they do spread lies concerning HIV and we lost a member to those lies just last year.

I am also stunned that you think you have suffered more than others, or that it takes a near death experience for people to grasp the gravity of their infection.  Your CD4s dropped to 50, WOW, try living with just 4 of them.  You faced death?  How many times?  How many months or years have you spent in a hospital?  My point is that none of this matters, because it has no affect on how you perceive your infection.  Rather than considering other viewpoints, you attempt to use the "I've been sicker than you" to explain your irrational behavior.

You are welcome to your delusions, but don't you ever say that folks here do not understand what it is like to look Death squarely in the eyes.  The difference however, is we learned that surviving involves being honest with who and what we are.  Wallowing in self pity is easy.  Demeaning others is a way to deflect criticism.  What takes a real backbone, is facing your demons and not allowing them to dictate how you feel, or worse, dictate how you live your life.
« Last Edit: July 27, 2011, 03:03:43 pm by killfoile »

Offline Raf

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Re: Legal Situation
« Reply #63 on: July 27, 2011, 07:30:28 pm »
One more time, the denilist view of Hiv was not simply because they are liars.  But they were deadly wrong.  Hope you understand me when I say wrong doing as opposed to a lie.  They did wrong because of the illusive nature of the virus.  They were/are not ordinary people like me.  Some of them were noble prize winners and great personalities of our world. I don’t think it would be fair to say that these people are flat liars.

Wrong their asses, how could someone who "looked straight to the eyes of death" would even suggest they are just wrong? WRONG? they are killers!! (and maybe suicides in the case of the ones actually infected). I don't really fu**ing care if they are nobel prizes or anything...jeez....

I say also the fact that I face death make my view of the problem different from that of yours.  I don’t know about you and most of the people here.  But I firmly believe that a person who knows well about death by having less than 50 CD and whole lot of VL and OIs do have the same perception of life like a person who have a CD count of 600/700 up on diagnosis for disease.  Why you guys have to secluded this forum into LTS and others?  The answer is mainly because you attempt to reflect this reality.

So, you have the medic records of everyone here to say that? For me, these persons of 600/700 CD4 are WAY smarter than you or me (yay for me waiting for a full blown Aids diagnosis with a CD4 count of 98 and VL over the roof, accompanied with a nice OI and wasting syndrome) for battling this infection earlier and improving their health before they even reach the aids phase.

So, if any person who went into that kind of ordeal tries to minimize the problem by saying I never ever think of my infection, I say he must have gotten a problem.  And this is how the whole issue of comparing the HIV to cold virus, being indifference about the past etc etc came up. Thank you.

No one here is minimizing nothing, EVERYONE here is suffering a disease that will last our whole lives! Obviously you didn't understand the comparison...but I refuse to even try to explain.

Sorry for the burst, but I couldn't believe what I was reading, specially from someone whose early posts on this thread are very much like my feelings on the virus. Maybe it's time to work a bit harder on my views too, I don't want to end thinking like you on the long road.

As for me, I give myself a self warning and won't post again on this thread.
Dx: 05/14/2008
Latest HIV Meds combo I've been taking:

Kaletra + Combivir (since 05/16/2008 - 05/09/2019)
Acriptega (05/10/2019 - today)

 


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