| Abstract: | Courts in New York State require plaintiffs in fear-of-AIDS cases to prove exposure to HIV in order to collect damages for negligent infliction of emotional distress. When Beth Fosby suffered a needlestick injury at Albany Memorial Hospital in September 1994, she sued the hospital. The hospital never furnished a copy of the incident report but recommended that Fosby undergo testing for HIV for 12 months. Expert witnesses testified that the needle was never used, and therefore Fosby could not contract AIDS. The judge granted summary judgement to the hospital. Fosby appealed, claiming a legitimate basis for fear. The Appellate Division found exception to the actual exposure rule, saying that the hospital's refusal to provide Fosby with information regarding the prior use of the needle may constitute a "special circumstance". The case now goes back to trial court for additional proceedings. |
