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No Arbitrary AIDS-Phobia Cutoff In New York

February 11, 2008

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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.
<a href="http://www.nycourts.gov/ctapps/decisions/feb08/12opn08.pdf">http://www.nycourts.gov/ctapps/decisions/feb08/12opn08.pdf</a>

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