Health-care workers are losing most AIDS lawsuits, study says

The Kaiser Family Foundation funded a Georgetown study, The AIDS Litigation Project III--A Look at AIDS in the Courts in the 1990s, to analyze AIDS-related cases in the Federal and State court systems since January 1991. Study director Lawrence Gostin concludes that AIDS has become the most litigated disease in U.S. history and that judges tend to side with the argument that disability rights laws must yield to concern about the possible transmission risks. Initially, courts were supportive of the rights of persons living with AIDS. Currently, courts are likely to support mandatory HIV-antibody testing of health-care employees, prison inmates, and criminal defendants. Gostin predicts that court cases will focus on the rights of patients to receive health insurance coverage for AIDS therapies. Other emerging trends in AIDS litigation are cases involving HIV status disclosure and sexual ethics.