The New York Court of Appeals will decide during its January term whether six months is a reasonable time limit for recovery of damages for “AIDS-phobia,” the emotional suffering endured by people who think they may have been exposed to the AIDS virus.
The case will be the first time that New York’s high court will consider the six-month time limit on emotional damages that the state’s Appellate Division, 2nd Department, established in Brown v. New York City Health & Hosps. Corp., 225 AD2d 36 (1996). That court reasoned that since 95 percent of HIV carriers will test positive for AIDS within six months of their exposure to the virus, it would be “unreasonable” to allow for damages for anxiety over possibly contracting the disease past that time frame.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
