L.A. County settles suit by Healthcare Foundation

The Los Angeles County Board of Supervisors agreed to pay a $1.2 million settlement to the AIDS Healthcare Foundation, which charged that the county eliminated much of its funding in retribution for a series of protests criticizing county officials for cutting AIDS services funding. The foundation produced an audio recording of a meeting in which members of the HIV Commission discussed controlling the Foundation via its funding. The Foundation currently serves 5,000 HIV-positive patients in the Los Angeles area.     

Hospital settles patient's lawsuit, announces new HIV policies

George Washington University Medical Center settled a complaint by a patient that he was denied open-heart surgery due to his HIV status out of court. The patient threatened suit under the Americans with Disabilities Act (ADA), the Rehabilitation Act, and the District of Columbia Human Rights Act. As a result of the settlement, the hospital has adopted new nondiscrimination policies regarding HIV patients. The policy places under disciplinary action any employee, contractor, or physician associated with the hospital who denies or causes to deny surgical procedures due to the patient's HIV status.     

Michigan man with AIDS settles suit against pharmacy chain

An out-of-court settlement was reached between Stanley Grzadzinski and both Dawn Castellano, a pharmacy technician, and her employer, Arbor Drugs. Grzadzinski, who has AIDS, filed suit for breach of pharmacist-patient confidentiality and emotional distress. According to the suit, when Castellano realized that Mr. Grzadzinski was taking an AIDS medication, she told her teenage son who subsequently teased the Grzadzinski children about their father's condition. The family had wanted to keep the diagnosis a secret because of the stigma associated with AIDS. Castellano denies telling her son about Grzadzinski's condition. The settlement was reached three days into the trial in this civil suit.     

Social security bars claim in AIDS job-bias lawsuit

A Federal judge, Clarence C. Newcomer, has ruled that people who seek Social Security benefits cannot at the same time assert that they are qualified to work under the Americans with Disabilities Act (ADA). The Philadelphia-based judge based his ruling on the case of Leonard McNemar. Mr. McNemar, a Disney store employee, alleged his firing occurred one week after a manager questioned his HIV status. Disney countered that McNemar was fired for taking two dollars from the cash register to purchase cigarettes. However, the judge focused on McNemar's application for Social Security and granted Disney's motion for summary judgment. If Newcomer's ruling becomes settled law, people with AIDS will have to choose between seeking legal redress or seeking government assistance.     

Firm settles AIDS firing for $100,000 after pretrial motion fizzles

The Equal Employment Opportunity Commission (EEOC) sued a Texas importer for violating the Americans with Disabilities Act (ADA). Chemtech International was charged with terminating an employee because he has AIDS. Chemtech initially claimed that since it employed fewer than 25 people, it was exempt from the employment provision of the ADA. The EEOC found that Chemtech, and a related company, were integrated enterprises that jointly employed over 25 people. A U.S. District Judge ruled that the EEOC's evidence was uncontroverted; rather than face a trial, Chemtech paid $100,000 to the terminated employee. The company also agreed to train managers and supervisors regarding ADA-related responsibilities. The decision to view Chemtech and its related company as an integrated enterprise was based on precedent from the 1994 decision of Doe v. Shapiro. That case established a four-point guide to distinguish an association between two corporations from enterprise integration.     

Claim of past AIDS bias is insufficient basis for lawsuit

U.S. District Court Judge Thomas S. Ellis, III ruled that a woman with HIV has no standing under the Americans with Disabilities Act (ADA) to seek injunctive relief against a doctor who claimed he would not touch a patient with HIV. Michelle Hoepfl was diagnosed with a ruptured breast implant and was referred to Dr. Haven J. Barlow in Virginia. During a discussion of possible treatment options, Hoepfl informed Barlow that she was HIV-positive. Barlow said he did not treat patients with HIV, but that he would help Hoepfl if no one else would. Hoepfl was emotionally distressed and eventually sued Barlow, alleging that he violated the ADA and the Federal Rehabilitation Act. Ellis ruled that Hoepfl could not sue for a past violation. To grant injunctive relief, Hoepfl must establish that she suffered an injury that can be redressed by a favorable court ruling. Hoepfl is still pursuing a claim under the Rehabilitation Act and a suit against her insurance provider, Healthplus, Inc.     

Age bias lawsuit proceeds against N.Y. AIDS Institute

A Federal judge in New York has allowed an age and gender discrimination lawsuit filed by a former administrator of the State AIDS Institute to continue. The suit brought by Roger O'Malley, age 54, claims that when the grant for the AIDS Institute and an associated non-profit corporation, Health Research, Inc. expired, the salaries of three younger female employees of the program were transferred to different grants. O'Malley claims that a clear bias against hiring and employing heterosexual men left him without another job at the Institute. This is a violation of the Age Discrimination in Employment Act and Federal and State civil rights laws barring discrimination based on gender. A U.S. District judge scheduled a pretrial conference and rejected defense motions to block O'Malley's claims.     

Healthcare Foundation to manage care in Florida

The Florida Agency for Health Care Administration is creating what might be the largest HIV disease management program in the United States. The program, called Positive Healthcare/Florida will eventually manage care, and provide other health services, for 7,500 of Florida's estimated 12,500 Medicaid beneficiaries with AIDS. No direct medical care will be provided, but the program will provide education, support services, and information to patients and providers.