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No Arbitrary AIDS-Phobia Cutoff In New York


February 11, 2008 at 12:29:05 PM

The New York Court of Appeals ruled that a plaintiff exposed to AIDS is no longer limited to receiving damages for only six months of emotional distress. By way of background, an appellate division case had reasoned that a 6 month limit was reasonable since that is the period it customarily takes to determine whether an exposed person will actually develop HIV/AIDS. However, in <em>Orstein,</em> the court ruled that the emotional damage caused by the negligent exposure to the virus can cause emotional damage well beyond a six month period.
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