An HIV-positive personal injury plaintiff cannot be shielded from inquiries about his treatment because he made his health an issue by bringing the suit, Brooklyn Supreme Court Justice Herbert Kramer (See Profile) has ruled. He found the medical records of the “John Doe” plaintiff were discoverable but the case would be put under seal, with further proceedings occurring in camera. The action was brought in 2009 after the plaintiff was injured in an all-terrain vehicle accident.
Defendant Sutlinger Realty Corp. sought to strike the complaint for a failure to comply with discovery demands. After Sutlinger learned of the plaintiff’s HIV status, he refused to answer questions about his condition and treatment or give unrestricted health privacy law authorizations. Sutlinger contended the information was pertinent to questions such as loss of enjoyment of life, life expectancy and whether there was increased susceptibility to infection and fractures due to his HIV status.
