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Author Topic: Woman misdiagnosed with HIV gets $2.5 million  (Read 5062 times)

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Offline puertorico2006

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Infected Probably: may 2005
Diagnosed: 11/2006

11/28/2006 CD4:309 / VL: 1907 No meds yet
12/27/2006 CD4:339/  VL:1649 No meds yet
  4/28/2007 CD4:550/  VL:1800 No meds :-)

Offline Matty the Damned

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Re: Woman misdiagnosed with HIV gets $2.5 million
« Reply #1 on: December 13, 2007, 02:49:02 PM »
Jeeez. Andy and Roddles will be steamed when they read about this.

MtD

Offline Mouse

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Re: Woman misdiagnosed with HIV gets $2.5 million
« Reply #2 on: December 13, 2007, 02:54:19 PM »
Despite how horrified I'd be if someone misdiagnosed me with such a serious disease...



I think I could get over it for 2.5 million dollars.


Offline Basquo

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Re: Woman misdiagnosed with HIV gets $2.5 million
« Reply #3 on: December 13, 2007, 03:03:31 PM »
Hopefully Hugh Hefner will give her a makeover before she does the spread in Playboy. That's obviously the next step in her grifting career.

Offline minismom

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Re: Woman misdiagnosed with HIV gets $2.5 million
« Reply #4 on: December 13, 2007, 03:10:15 PM »
I think 2.5 is an insult.  After her lawyers get their 33% plus expenses then the government gets there 50% for taxes, she'll be left with SQUAT!  To be misdiagnosed and treated for 9 years for something that she didn't have?  I can't begin to imagine!  I would'nt have settled for less than double digits. 
www.watoto.com
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"Whichever way you throw me, i will stand"
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Offline RapidRod

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Re: Woman misdiagnosed with HIV gets $2.5 million
« Reply #5 on: December 13, 2007, 03:29:18 PM »
No, Matty my dear, I'm not steamed at all. I could really care less.

Offline Matty the Damned

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Re: Woman misdiagnosed with HIV gets $2.5 million
« Reply #6 on: December 13, 2007, 04:00:37 PM »
Awwww Roddles! Humour a bitter old queen. ;)

MtD

Offline allanq

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Re: Woman misdiagnosed with HIV gets $2.5 million
« Reply #7 on: December 13, 2007, 10:08:23 PM »
The same thing happened at the Oakland Dept. of Veterans Affairs' outpatient clinic. A guy was treated for HIV for eight years before they discovered that he was actually HIV-negative. I don't know how much money he eventually collected from his lawsuit.

S.F. Chronicle article

Allan
Top (Breakfast): Prezista, Norvir, Isentress, Zoloft (2), Glyburide (2), Aspirin
Bottom right (Dinner): Prezista, Norvir, Isentress
Bottom left (Bedtime): Sustiva, Trazodone (2), Lipitor, Septra (no longer taking this)
Center: Alprazolam (Xanax)
Not shown: various vitamins & supplements

Offline puertorico2006

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Re: Woman misdiagnosed with HIV gets $2.5 million
« Reply #8 on: December 13, 2007, 10:25:20 PM »
I think 2.5 is an insult.  After her lawyers get their 33% plus expenses then the government gets there 50% for taxes, she'll be left with SQUAT!  To be misdiagnosed and treated for 9 years for something that she didn't have?  I can't begin to imagine!  I would'nt have settled for less than double digits. 

To my knowledge from my federal income tax class, court settlements are not taxable for "pain and suffering" or other settlements of that nature. The only thing taxable would be compensation for "lost wages" but in my opinion 2.5 million isnt enough, not for 9 years of misdiagnosis and being on meds. 2.5 million seems reasonable for a year or two hehehe...or maybe im mistaken and its only "personal injury" thats tax free, but im sure that it could be considered personal "emotional" injury
« Last Edit: December 13, 2007, 10:29:37 PM by puertorico2006 »
Infected Probably: may 2005
Diagnosed: 11/2006

11/28/2006 CD4:309 / VL: 1907 No meds yet
12/27/2006 CD4:339/  VL:1649 No meds yet
  4/28/2007 CD4:550/  VL:1800 No meds :-)

Offline jabez

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Re: Woman misdiagnosed with HIV gets $2.5 million
« Reply #9 on: December 13, 2007, 10:35:40 PM »
It will be interesting to see if her medical insurance carrier gets in on the action.   If she has private health insurance that has been paying for her antiretrovirals for nine years, and they find out she's sitting around with a  $2,500,000 settlement, I bet they will go after her.  You know they would LOVE to recover some of the costs of that unnecessary medicine.     
Sept 2007 -- CD4 = 68; VL = 469,000
Started Atripla Sept 21, 2007
Nov 2007-CD4=217;VL=332
Feb 2008-CD4=237;VL=<50
Apr 2008-CD4=271;VL=66
Aug 2008-CD4=440;VL=52
Jan 2009-CD4=403;VL=61
May 2009-CD4=480;VL=129
Sep 2009-CD4=376;VL<40
Jan 2010-CD4=476;VL<40
Jul 2010-CD4=539;VL<40
Jan 2011-CD4=461;VL=53
Jul 2011-CD4=515;VL<20
Jan 2012-CD4=506;VL=54
Aug 2012-CD4=440;VL=21
Jan 2013-CD4=447;VL=<20
Jul 2013-CD4=406; VL=<20
Feb 2014-CD4=450; VL=<20
Aug 2014-CD4=535; VL=<20

Offline komnaes

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Re: Woman misdiagnosed with HIV gets $2.5 million
« Reply #10 on: December 14, 2007, 01:43:07 AM »
It just seems incredible that she was treated for so long without anyone noticing. Did they regularly check her VL? If she wasn't positive I would assume the VL would be zero right? What about other tests like genotype, etc?

IMHO though this amount is too low, comparing to what the US courts regularly give for medical malpractices.

Shaun
Aug 07 Diagnosed
Oct 07 CD4=446(19%) Feb 08 CD4=421(19%)
Jun 08 CD4=325(22%) Jul 08 CD4=301(18%)
Sep 08 CD4=257/VL=75,000 Oct 08 CD4=347(16%)
Dec 08 CD4=270(16%)
Jan 09 CD4=246(13%)/VL=10,000
Feb 09 CD4=233(15%)/VL=13,000
Started meds Sustiva/Epzicom
May 09 CD4=333(24%)/VL=650
Aug 09 CD4=346(24%)/VL=UD
Nov 09 CD4=437(26%)/VL=UD
Feb 10 CD4=471(31%)/VL=UD
June 10 CD4=517 (28%)/VL=UD
Sept 10 CD4=687 (31%)/VL=UD
Jan 11 CD4=557 (30%)/VL=UD
April 11 CD4=569 (32%)/VL=UD
Switched to Epizcom, Reyataz and Norvir
(Interrupted for 2 months with only Epizcom & Reyataz)
July 11 CD=520 (28%)/VL=UD
Oct 11 CD=771 (31%)/VL=UD(<30)
April 12 CD=609 (28%)/VL=UD(<20)
Aug 12 CD=657 (29%)/VL=UD(<20)
Dec 12 CD=532 (31%)/VL=UD(<20)
May 13 CD=567 (31%)/VL=UD(<20)
Jan 14 CD=521 (21%)/VL=UD(<50)

Offline vokz

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Re: Woman misdiagnosed with HIV gets $2.5 million
« Reply #11 on: December 14, 2007, 03:34:08 AM »
I have minimal sympathy for her.

I think settlements like this send out entirely the wrong message and ultimately do even more than criminal prosecutions for the transmission of HIV do to encourage HIV-stigma and cement the perception that your life ends with an HIV diagnosis.

I would have awarded her - and her insurers, if any - their out of pocket expenses plus 1 cent in compensation.

Mark (who is generally intolerant of the compensation culture and the bottom feeding lawyers who make a handsome living from it).

Offline komnaes

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Re: Woman misdiagnosed with HIV gets $2.5 million
« Reply #12 on: December 14, 2007, 04:00:50 AM »
....who is generally intolerant of the compensation culture and the bottom feeding lawyers who make a handsome living from it).

Like any bottom feeders they serve an ecological function Votz.. and the environment itself dictates what sort of bottom feeders will do best. It seems they're only doing well in a place outside of your environment you can watch them with the same detachment like any National Geographic's docus. ;D
Aug 07 Diagnosed
Oct 07 CD4=446(19%) Feb 08 CD4=421(19%)
Jun 08 CD4=325(22%) Jul 08 CD4=301(18%)
Sep 08 CD4=257/VL=75,000 Oct 08 CD4=347(16%)
Dec 08 CD4=270(16%)
Jan 09 CD4=246(13%)/VL=10,000
Feb 09 CD4=233(15%)/VL=13,000
Started meds Sustiva/Epzicom
May 09 CD4=333(24%)/VL=650
Aug 09 CD4=346(24%)/VL=UD
Nov 09 CD4=437(26%)/VL=UD
Feb 10 CD4=471(31%)/VL=UD
June 10 CD4=517 (28%)/VL=UD
Sept 10 CD4=687 (31%)/VL=UD
Jan 11 CD4=557 (30%)/VL=UD
April 11 CD4=569 (32%)/VL=UD
Switched to Epizcom, Reyataz and Norvir
(Interrupted for 2 months with only Epizcom & Reyataz)
July 11 CD=520 (28%)/VL=UD
Oct 11 CD=771 (31%)/VL=UD(<30)
April 12 CD=609 (28%)/VL=UD(<20)
Aug 12 CD=657 (29%)/VL=UD(<20)
Dec 12 CD=532 (31%)/VL=UD(<20)
May 13 CD=567 (31%)/VL=UD(<20)
Jan 14 CD=521 (21%)/VL=UD(<50)

Offline vokz

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Re: Woman misdiagnosed with HIV gets $2.5 million
« Reply #13 on: December 14, 2007, 04:16:29 AM »
Like any bottom feeders they serve an ecological function Votz.. and the environment itself dictates what sort of bottom feeders will do best. It seems they're only doing well in a place outside of your environment you can watch them with the same detachment like any National Geographic's docus. ;D

Spoken like a true lawyer.

Thankfully I am not a lawyer so I donít have a need to buy into any of that tortured logic.

Lawyers are to commonsense what abstinence is to an orgy  ;)

Offline bocker3

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Re: Woman misdiagnosed with HIV gets $2.5 million
« Reply #14 on: December 14, 2007, 07:16:14 AM »
Just remember who ultimately pays the $2.5 million.  It isn't the hospital, the doctor or even the insurance company covering the defendants..... it is you and me.  Lawsuits like this simply raise malpractice insurance premiums and those, in turn, raise the cost of care.
Now, I agree that what she went through was terrible -- but instead of being angry and looking for revenge over being HIV negative (the HORROR), she should be sooo thankful.  The doctor should be disciplined and perhaps even banned from practicing, but we have to move away from the mindset of soaking "them" for whatever can be gotten.  For "them" is ultimately "us".
Atripla - Started 12/05
Reyataz/Norvir - Added 6/06
Labs - Pre-Meds
Sep05 T=350/25% VL98,559
Nov05 288/18%  47,564
Current Labs
May2013 691/31% <20

Offline puertorico2006

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Re: Woman misdiagnosed with HIV gets $2.5 million
« Reply #15 on: December 14, 2007, 09:21:55 AM »
Honestly if i was misdiagnosed I would be happy but there would be a part of you that is angry at the system for allowing it to happen. Although its true that hefty malpractice lawsuits raise insurance premiums and it ultimately comes out of the patients pocket, if the patients didn't get such hefty sums doctors would be more prone to make careless errors.  Malpractice is there for the patient not the doctor. If a patient were to sue a doctor without insurance and the doctor was broke then the patient is screwed.
Infected Probably: may 2005
Diagnosed: 11/2006

11/28/2006 CD4:309 / VL: 1907 No meds yet
12/27/2006 CD4:339/  VL:1649 No meds yet
  4/28/2007 CD4:550/  VL:1800 No meds :-)

Offline Ann

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Re: Woman misdiagnosed with HIV gets $2.5 million
« Reply #16 on: December 14, 2007, 11:35:02 AM »
I have minimal sympathy for her.

I think settlements like this send out entirely the wrong message and ultimately do even more than criminal prosecutions for the transmission of HIV do to encourage HIV-stigma and cement the perception that your life ends with an HIV diagnosis.

I would have awarded her - and her insurers, if any - their out of pocket expenses plus 1 cent in compensation.

Mark (who is generally intolerant of the compensation culture and the bottom feeding lawyers who make a handsome living from it).


Thank goodness! I was thinking I was alone in feeling this way. Damn, you'd think that finding out she wasn't positive would be compensation enough.

Ann
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 vokz

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Re: Woman misdiagnosed with HIV gets $2.5 million
« Reply #17 on: December 14, 2007, 11:42:29 AM »
Thank goodness! I was thinking I was alone in feeling this way. Damn, you'd think that finding out she wasn't positive would be compensation enough.

Well exactly. I would gladly cough up $2.5 million to learn that I was antibody negative.

Offline leatherman

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Re: Woman misdiagnosed with HIV gets $2.5 million
« Reply #18 on: December 14, 2007, 11:52:48 AM »
Honestly if i was misdiagnosed I would be happy but there would be a part of you that is angry at the system for allowing it to happen.

What I still don't understand about this woman's story is why there wasn't the proper amount of testing (viral load, tcells, etc) throughout the nine years. She doesn't deserve any compensation just for being a stupid patient IMHO.

(nor does any of this story explain her connection with scientology, not releasing her medical records, the differing stories with the doctors or the child that she had taken away. makes me wonder if the jury got to hear ALL the evidence in this case. http://forums.poz.com/index.php?topic=17614)
leatherman (aka mIkIE)


chart from 1992-2013; updated 2/09/13  Reyataz/Norvir/Truvada

Offline Cliff

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Re: Woman misdiagnosed with HIV gets $2.5 million
« Reply #19 on: December 14, 2007, 12:24:34 PM »
Well, saying she's a stupid patient seems harsh.  I dunno...to me this seems like medical error.  Not testing a patient for HIV antibodies nor doing viral loads before putting them on meds (or thereafter) seems like a breach of duty to me.  I guess the question is whether or not she was harmed.  I assume taking HIV meds for 9 years will probably harm you in some shape or form.  Whether that's worth $2.5 million is another question.

Offline leatherman

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Re: Woman misdiagnosed with HIV gets $2.5 million
« Reply #20 on: December 14, 2007, 01:02:43 PM »
Well, saying she's a stupid patient seems harsh.  I dunno...to me this seems like medical error.  Not testing a patient for HIV antibodies nor doing viral loads before putting them on meds (or thereafter) seems like a breach of duty to me.

If this person had been diagnosed with diabetes (rather than HIV), and had been giving herself insulin shots all those yrs without ever checking her sugar levels, I would consider HER negilent (and stupid!) in her own health care.

The same thing applies here. I can't believe that there's an HIV poz patient on meds in America that doesn't know their VL and CD4 count. How would you ever know whether the meds were working??

If this woman hadn't done enough research (or even asked her doctor questions) about her "illness" to know that these counts should be monitored to judge the effectiveness of the meds (not to mention developing resistance!) then I don't feel sorry for her at all.

I will grant you that it sounds like a severe medical error though. This doctor, without any past medical records (the patient wouldn't release them), with only the word of her patient of being HIV+ (which she later denied), without every ordering any viral load or cd4s checks, prescribed HIV meds for nine years. Sounds like not only a stupid patient but a stupid doctor too.
leatherman (aka mIkIE)


chart from 1992-2013; updated 2/09/13  Reyataz/Norvir/Truvada

Offline puertorico2006

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Re: Woman misdiagnosed with HIV gets $2.5 million
« Reply #21 on: December 14, 2007, 03:41:26 PM »
If this person had been diagnosed with diabetes (rather than HIV), and had been giving herself insulin shots all those yrs without ever checking her sugar levels, I would consider HER negilent (and stupid!) in her own health care.

The same thing applies here. I can't believe that there's an HIV poz patient on meds in America that doesn't know their VL and CD4 count. How would you ever know whether the meds were working??


Im not sure about other aspects of the "truth" of this story....

but if you thought you were HIV+ and were actually HIV- and they put you on meds then technically your VL would be undetectable and your CD4+ would be in a "healthy" range and would probably assume your meds were working. The problem here was the lack of doing the western blot test. I know at my clinic they wont treat anyone there if they dont do their own western blot confirmation. ....
Infected Probably: may 2005
Diagnosed: 11/2006

11/28/2006 CD4:309 / VL: 1907 No meds yet
12/27/2006 CD4:339/  VL:1649 No meds yet
  4/28/2007 CD4:550/  VL:1800 No meds :-)

Offline bocker3

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Re: Woman misdiagnosed with HIV gets $2.5 million
« Reply #22 on: December 14, 2007, 03:54:45 PM »
Thinking back on it -- my ID doc, sort of, took my word for testing positive.  I had gotten my test at a confidential testing site and I went to him after the fact.  Of course, prior to my first visit, he did have me go for CD4 and VL tests (plus lots of others, like RPR, chem panel, etc).  I guess the VL of 98,000+ was confirmation enough for him.  I would hope that if it came back UD, he would have repeated the HIV serology and WB.

Back on to this thread's topic -- I am not convinced that the threat of lawsuits make doctor's less likely to make errors -- this would be true if they were uncaring idiots.  Now, there may be some true incompetents out there, but suing them isn't going to make them better.  Everyone single one of us makes errors in judgement in our worklife, doctors do too and they always will.  What is needed is proper checks and when negligence occurs, the impacted patient should be assured of coverage for any ongoing medical issues caused by it -- additionally the doctor should be disciplined in a manner appropriate to the error. 
 I think that, at most, this patient might be due having the doctor and/or hospital responsible for any future care required due to taking unneeded medicine. 

Mike
Atripla - Started 12/05
Reyataz/Norvir - Added 6/06
Labs - Pre-Meds
Sep05 T=350/25% VL98,559
Nov05 288/18%  47,564
Current Labs
May2013 691/31% <20

Offline Cliff

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Re: Woman misdiagnosed with HIV gets $2.5 million
« Reply #23 on: December 16, 2007, 04:28:44 AM »
If this person had been diagnosed with diabetes (rather than HIV), and had been giving herself insulin shots all those yrs without ever checking her sugar levels, I would consider HER negilent (and stupid!) in her own health care.

The same thing applies here. I can't believe that there's an HIV poz patient on meds in America that doesn't know their VL and CD4 count. How would you ever know whether the meds were working??

I'm not sure I see the similarities.  Products to check your sugar levels are available over-the-counter, the same isn't true of HIV labs.  Plus once she was put on meds and after becoming undetectable, the labs would have been irrelevant.  Her tests would have come back undetectable, making her doctor believe that the meds were working NOT that she was HIV negative.  Plus she may not have even gotten the results from her doctor.  We are making assumptions here.  Unless I contact my clinic and specifically ask for my numbers, they simply review them and if (and only if) there is an issue they will contact me.  There is an expectation of trust in this type of relationship.

Offline mjmel

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Re: Woman misdiagnosed with HIV gets $2.5 million
« Reply #24 on: December 16, 2007, 06:19:46 AM »
There is an expectation of trust in this type of relationship.

True.  What are the actual damages? Seems they would have to argue the case for actual physical damage, wouldn't you think. OK, some major shock, initially. I think I agree with those who say that I'd be so relieved and quite joyful of the news and not looking to make a killing out of a misdiagnosis. Even in that some compensation would be a just measure and awarded--but 2.5 million?

Mike M


Offline leatherman

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Re: Woman misdiagnosed with HIV gets $2.5 million
« Reply #25 on: December 16, 2007, 06:35:28 AM »
Plus once she was put on meds and after becoming undetectable, the labs would have been irrelevant.  Her tests would have come back undetectable, making her doctor believe that the meds were working NOT that she was HIV negative.

I don't think I've ever heard of anyone going undetectable by the very first lab results after starting meds - sure a huge drop in the viral load; but not immediately becoming undetectable. But I don't think the reports ever state whether ANY labs were EVER done, so neither this lady NOR her doctor were tracking her counts at all to even know if the meds were working.

Unless I contact my clinic and specifically ask for my numbers, they simply review them and if (and only if) there is an issue they will contact me.  There is an expectation of trust in this type of relationship.

so you don't know your current lab results? I would imagine that makes you an exception. I notice many people here in these forums list their lab results right in their sig line. (I post a graph)

Personally I need to know my results. Although I may trust my doctor, this is MY life I'm trying to preserve and I don't it's wise to trust someone else THAT much - and that's why I thought this woman was not a smart patient. She obviously didn't pay enough attention and just "trusted" her doctor blindly. IMHO that's stupid.

mikie
(who knows all the iimportant numbers about his health- blood pressure, cholestrol, triglycerides, weight, viral load, cd4s, etc.)
leatherman (aka mIkIE)


chart from 1992-2013; updated 2/09/13  Reyataz/Norvir/Truvada

Offline vokz

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Re: Woman misdiagnosed with HIV gets $2.5 million
« Reply #26 on: December 16, 2007, 06:58:15 AM »
I don't think I've ever heard of anyone going undetectable by the very first lab results after starting meds - sure a huge drop in the viral load; but not immediately becoming undetectable.

I had gone undetectable on the labs done on the eleveth day of my treatment. Nothing I have seen or heard gives me any reason to think that is particularly noteworthy. Surely it is just a natural consequence of being treatment naÔve and having a low(ish) viral load when treatment starts.

Offline leatherman

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Re: Woman misdiagnosed with HIV gets $2.5 million
« Reply #27 on: December 16, 2007, 07:24:52 AM »
I had gone undetectable on the labs done on the eleveth day of my treatment. Nothing I have seen or heard gives me any reason to think that is particularly noteworthy. Surely it is just a natural consequence of being treatment naÔve and having a low(ish) viral load when treatment starts.

Many people start treatment with high viral loads and low cd4s (usually that's how they even find out that they are poz). If you started treatment with a low vl AND low tcells then you probably are an exception.  ;) Congrats on becoming undetect in an amazingly short time though! Less than two weeks!  ;D It took me nearly ten years before I finally got an undetectable result.

But please don't get bogged down on the question about WHAT the "right" viral load amount is to start treatment. This woman never even had her viral load checked!  :o

I'm sure that we can agree something was badly wrong with this doctor for NOT checking the lady's viral load in 9 years. But can we at least also try to agree that she wasn't a very responsible patient if she wasn't concerned about her VL?
leatherman (aka mIkIE)


chart from 1992-2013; updated 2/09/13  Reyataz/Norvir/Truvada

Offline Ann

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Re: Woman misdiagnosed with HIV gets $2.5 million
« Reply #28 on: December 16, 2007, 07:38:02 AM »

I'm sure that we can agree something was badly wrong with this doctor for NOT checking the lady's viral load in 9 years. But can we at least also try to agree that she wasn't a very responsible patient if she wasn't concerned about her VL?


I know several people who "don't want to know". They're so deep in the hiv closet that they don't even want to think about it in any way, shape or form, much less learn about their numbers and what they mean. Maybe this is how this woman dealt it.

Personally, I could never do that. I left my first hiv doc because the first time I asked him what my numbers were, he said, "You don't need to know that. I'll take care of your numbers." He was an arrogant, incompetent slob and I feel sorry for his patients who either "don't want to know" or don't know any better or are afraid to stand up to him (like I did). A lot of people seem to think doctors are gods - but not me.

Ann
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Offline vokz

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Re: Woman misdiagnosed with HIV gets $2.5 million
« Reply #29 on: December 16, 2007, 07:53:44 AM »
I'm sure that we can agree something was badly wrong with this doctor for NOT checking the lady's viral load in 9 years. But can we at least also try to agree that she wasn't a very responsible patient if she wasn't concerned about her VL?

Oh I can absolutely agree that what happened here is wrong - as I have said already, my sympathy for her is very limited - but I also think that there is a huge grey area that we should be very careful about judging on the basis of limited information.

I am just making the point that I donít actually think that Cliffís experience is all that unusual either (or necessarily wrong when viewed in its proper context and against the quality of care.. which, if memory serves me right, is exactly the same care that I get and seems to beat the hell out of the standard of care that the vast majority of people here seem to get). (Just forget that. My memory failed me .. BADLY  :-[ )
« Last Edit: December 16, 2007, 08:02:10 AM by vokz »

Offline Cliff

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Re: Woman misdiagnosed with HIV gets $2.5 million
« Reply #30 on: December 16, 2007, 08:03:58 AM »
True.  What are the actual damages? Seems they would have to argue the case for actual physical damage, wouldn't you think. OK, some major shock, initially. I think I agree with those who say that I'd be so relieved and quite joyful of the news and not looking to make a killing out of a misdiagnosis. Even in that some compensation would be a just measure and awarded--but 2.5 million?
Agreed.  I think there was an error and that the doctor failed to act reasonably.  On the face of it, I don't think her damages were $2.5 million.  But maybe she has had some serious liver or kidney damages from the meds.  I dunno....it's really all speculation here.

Quote
so you don't know your current lab results? I would imagine that makes you an exception. I notice many people here in these forums list their lab results right in their sig line. (I post a graph)
You are reading too much into what I said.  I simply said that unless I call my clinic they will only contact me regarding my labs if there is a problem.  Yes, I do call to get my results.  But I doubt every single patient at my clinic does.  Actually my ex (treated in the US) wasn't so concerned about getting his results.  He expected a call from the doctor/nurse if there was an issue with his labs or discuss it with him at his next scheduled appointment.  I don't think that makes him stupid.  It just means he approaches treatment differently than you.

Cliff

Offline jason304

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Re: Woman misdiagnosed with HIV gets $2.5 million
« Reply #31 on: December 16, 2007, 08:07:05 AM »
She deserves the money if not more.... The emotional roller coaster people go on when they are diagnosed.   Some start practicing unsafe sex habits afterwards because they  think oh well what the hell I got the grandma of all why worry about anything else...   Someone should have noticed that with all the people who help me my doctors and nurses, lab people and whoever else and no one no one didn't notice vls or anything wow.... would pull all of them together and really question their license to practice.  But at least she didn't have to die over this to get out of the club.

Offline minismom

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Re: Woman misdiagnosed with HIV gets $2.5 million
« Reply #32 on: December 16, 2007, 08:16:23 AM »
Ann,
When mini was in the hospital, one of the ID residents was the same way.  He was arrogant, wouldn't listen, insisted on bloodwork out the yang - up to several times a day! He refused to tell me what the test were for.  I tried to refuse and he called our social worker! (mini's adoption wasn't final yet)  I BEGGED for a Broviac and he wouldn't do it!  Every sentence started with a speech about what a great HIV doctor he was in Florida.  I got SO fed up that I followed him into the hall and at the top of my lungs screamed, "If you were such a great HIV doctor in Florida, then why the HELL are you only a resident here in WV!"? I went back in the room, slammed the door, and locked it!  He was in a huff and refused to treat mini. He was promptly dismissed.

mum
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Offline leatherman

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Re: Woman misdiagnosed with HIV gets $2.5 million
« Reply #33 on: December 16, 2007, 08:36:50 AM »
IMHO no matter your state of health or whatever illness you have it is YOUR responsiblity to keep YOURSELF alive. A doctor is simply one of the tools to use. I don't believe that anyone should blindly leave their health care in the hands of anyone else without ever questioning or verifying.

Being on HIV meds and NOT knowing your lab results to verify that the meds working is IMHO very stupid. I want to know that the $$$ I'm spending on the meds and the doctor, and the side effects  that I'm suffering with are worth it. So we'll have to agree to disagree on that one, if you think differently.  ;)

Here's something interesting to consider though - what changed in her situation that, after nine years, she finally had an HIV test done to find out that she wasn't even infected? Why isn't she still just letting her doctor write those same prescriptions out? What made her think something was wrong after almost a decade?
leatherman (aka mIkIE)


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Offline leatherman

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Re: Woman misdiagnosed with HIV gets $2.5 million
« Reply #34 on: December 16, 2007, 08:43:05 AM »
Someone should have noticed that with all the people who help me my doctors and nurses, lab people and whoever else and no one no one didn't notice vls or anything wow.... would pull all of them together and really question their license to practice.

that's why I keep thinking there's got to be more to this story. Did this doctor not treat other patients? Did those patients not get labs done? Weren't there any nurses or staff with this doctor that noticed THIS patient not being treated properly?

anyone know if there are some court transcripts around about this one? I'd love to fill-in-blanks because there is just too much missing here to understand how this could have happened.
leatherman (aka mIkIE)


chart from 1992-2013; updated 2/09/13  Reyataz/Norvir/Truvada

Offline aztecan

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Re: Woman misdiagnosed with HIV gets $2.5 million
« Reply #35 on: December 18, 2007, 10:32:47 AM »
Well, sorry folks. This woman was either entirely stupid about this situation or, in some bizarre way, calculating.

As Leatherman pointed out, there is more to her story than has been discussed here. Her ties to Scientology, a cult if ever there was one, and the problems that brought about for her daughter.

It seems this woman is always tilting at windmills. Moreover, if she gets this settlement (there will probably be an appeal) I think she should have to reimburse the insurance/state/ADAP/whatever financed her meds for nine years. I know she didn't shell out the money for these.

I have run into people who try to jump onto the HIV "bandwagon" to get benefits. I have had some try to enroll in the ASO I work with. When I mention they have to either supply medical records indicating their medical status or submit to confirmatory bloodwork, they usually disappear into the ether from which they appeared.

This woman refused to release her previous medical records. Unfortunately, she managed to connect with a doctor who believed her.

I just keep getting the feeling this was planned. How do we know she actually took the meds and didn't just dump them? There wouldn't have been any difference in her CD4 or viral load since she obviously was a negative.

Call me suspicious, but something here just seems amiss.

HUGS,

Mark
« Last Edit: December 18, 2007, 10:39:46 AM by aztecan »
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Offline Coffeechick88

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Re: Woman misdiagnosed with HIV gets $2.5 million
« Reply #36 on: December 19, 2007, 03:06:14 PM »
Well, sorry folks. This woman was either entirely stupid about this situation or, in some bizarre way, calculating.

As Leatherman pointed out, there is more to her story than has been discussed here. Her ties to Scientology, a cult if ever there was one, and the problems that brought about for her daughter.

It seems this woman is always tilting at windmills. Moreover, if she gets this settlement (there will probably be an appeal) I think she should have to reimburse the insurance/state/ADAP/whatever financed her meds for nine years. I know she didn't shell out the money for these.

I have run into people who try to jump onto the HIV "bandwagon" to get benefits. I have had some try to enroll in the ASO I work with. When I mention they have to either supply medical records indicating their medical status or submit to confirmatory bloodwork, they usually disappear into the ether from which they appeared.

This woman refused to release her previous medical records. Unfortunately, she managed to connect with a doctor who believed her.

I just keep getting the feeling this was planned. How do we know she actually took the meds and didn't just dump them? There wouldn't have been any difference in her CD4 or viral load since she obviously was a negative.

Call me suspicious, but something here just seems amiss.

HUGS,

Mark

I also have a hard time with her story.  It bothers me that she wouldn't release medical records and the whole thing just bothers me.  I work at a lab and do see many people (not HIV+, though) who don't really know any details of what tests they are getting done, why, the results, etc.  There are many who just automatically trust the doctors and just don't want to deal with the details of their care.  So I do think there are a lot of stupid patients out there for a variety of conditions.  But I know that in my experience, I have been to 3  different HIV doctors and each time I got retested for HIV.  I just assumed it was policy, but maybe not, who knows.  I know at least the first doctor was skeptical because I wasn't in any group considered to be at risk, but the other two, they said they needed the positive result on file before they could be my doctor and treat me.  So it does seem plausible that she shopped around for doctors until she found one careless enough to take a patient's word they have a condition without verifying it in some way.  I have heard of people who do scams like this.

As for the settlement, if she gets it, I think the insurers will go after her for it.  I think after 9 years of care, the amount of the settlement she will actually minus lawyers fees, that amount will be gone.  I have read of cases where people have been injured in accidents, sued, and then the insurance company took all or part of the settlement.  So I don't see why it won't happen in this case, since they will want their money.
« Last Edit: December 19, 2007, 03:08:52 PM by Coffeechick88 »
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Offline Cliff

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Re: Woman misdiagnosed with HIV gets $2.5 million
« Reply #37 on: December 20, 2007, 12:17:50 PM »
I don't think they can go after her.  She can't prescribe medicine or treatment, only the doctor can.  Plus the judgment is based on an error by the doctor not her.  So perhaps they can go after the doctor (or rather his/her insurance) for the money, but not her.

9 years seems like an awful long time to scheme a lawsuit. 

Offline Robert

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Re: Woman misdiagnosed with HIV gets $2.5 million
« Reply #38 on: December 20, 2007, 07:54:03 PM »
There is no doubt that this can happen.  Here is an article from the Aug. 28, 2004 San Francisco Chronicle about a vet who was MISDIAGNOSED

We talked about it here on the old forums. 

This guy really got screwed.  I never saw any follow-up so I'm not sure what sort of judgement he got but I hope it was a lot.  He went through hell.

robert
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