HIV VERDICT OVERTURNED

The Illinois Appellate Court recently overturned a landmark verdict on behalf of a woman who claimed her dead fiance had infected her with the HIV virus. As reported by Steve Patterson in the Chicago Sun Times September 4, 2006 News Archive, Jane Doe[not her real name]filed suit against her deceased lover, Albert Dilling, and his parents, for their failure to disclose Albert's HIV status. Doe claimed that Dilling and his family knew about his HIV status for years prior to his death. She asserted that when she asked Albert about alarming changes in his appearance he assured her the changes were due to non-HIV conditions. Doe also alleged that after she noticed her own symptoms, she asked Albert's parents about his HIV status. According to Doe, they assured her he was not HIV positive. Dilling's parents denied any such representations were made. The case went to trial and a jury awarded Doe $2 million in damages.

The Appellate Court however, reversed the trial court's decision. The ruling noted that Doe was suspicious about Dilling's health long before she ever met Dilling's parents, and could have been tested instead of relying upon their alleged representations. The Court also ruled that since Dilling's parents denied they knew he was HIV positive, Doe was not deceived. Doe, who is presently suffering from an aggressive form of HIV, plans to appeal to the Illinois Supreme Court.