Litigation

WOMAN SUES AFTER TESTING POSITIVE FOR HIV AFTER KIDNEY TRANSPLANT

By Mark P. Loftus, Esq.

Kara Spak had an article in the November 18 Chicago Sun-Times about the horrible consequences suffered by a young woman after kidney transplant surgery at the University of Chicago Hospital. The 33 year old woman, indentified only as Jane Doe, received a kidney from a male donor in January of 2007. The donor was reportedly a homosexual who died in an auto accident. Shortly after the transplant, Ms. Doe was diagnosed with HIV and hepatitis C.

Ms. Doe recently sued the hospital and surgeon. She is alleging that the surgeon, Dr. Richard J. Thistlewaite as well as others, knew the donor was gay but did not advise Ms. Doe. Male to male sexual contact is considered by the Centers for Disease Control[CDC] to be high risk behavior and must be revealed to the potential recipient, unless the transplant surgery takes place in an emergency situation.

Ms. Doe had previously rejected two kidneys and her condition at the time of transplant in question was not life-threatening. Ultimately, her body rejected the kidney from the gay donor as well. She is now on dialysis, and receiving HIV treatment. According to the lawsuit, had Ms. Doe known that the donor was a homosexual, she would have declined the transplant.

Three other patients received organ donations from the same donor who provided the kidney to Ms. Doe. All four have been diagnosed with HIV and hepatitis C.

Full post as published by Illinois Lawyer Blog on November 19, 2008 (boomark / email).