People enduring a waiting period to find out if they have contracted the AIDS virus will no longer be limited to receiving damages for only six months of emotional distress, New York's highest court has held. The Court of Appeals unanimously ruled that the time limit "appears to be unprecedented in our common law tort jurisprudence" and is unfair to victims of possible negligent exposure to AIDS who may suffer far longer than six months from "AIDS-phobia," the fear of having been exposed to the disease.
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N.Y. High Court Ruling Ends 6-Month AIDS-Phobia Cutoff
New York Law Journal
February 11, 2008
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