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Jury award tossed over HIV test error

Posted on Oct 16, 2006

Jury award tossed over HIV test error Appeals court cites no physical injuries By Michael Higgins Tribune staff reporter Published October 13, 2006 In a case that could break new legal ground, a state appeals court on Thursday threw out a $350,000 jury award to a Chicago man who was incorrectly diagnosed as HIV-positive. Mark Jones, 37, of Chicago alleged that the misdiagnosis in 1992, when he was 23, sent him into a downward spiral that included gang-related crimes and thoughts of suicide. But in a 2-1 decision, the 1st District Appellate Court in Chicago questioned whether Jones could collect damages at all if the misdiagnosis didn't cause him any physical injuries. While courts in other states have faced the issue, "this appears to be a case of first impression in Illinois," Judge Patrick Quinn wrote for the majority. The court also cited other errors in the 2003 trial that it said entitled the defendant, Dr. Ophelia Rallos, to a new trial. The court said Circuit Judge Sharon Johnson Coleman wrongly prevented Rallos from arguing, for example, that Jones had trouble with the law even before his misdiagnosis, and that Jones had failed to follow up with a specialist regarding his test results in 1992. "There were several arguments that we wanted to make at trial, and we were not allowed," Scott Howie, attorney for Rallos, said Thursday. "I think they make a big difference." In a dissenting opinion, Judge Calvin Campbell said the jury award should stand. He said that under the law, Jones could collect damages if he suffered emotional distress and economic loss due to the false test result. Lawyers for Jones said their client grew up in the tough Englewood neighborhood but had attended college before being blindsided by the inaccurate test results. "In 1992, that was a death sentence," Harry Lee, an attorney for Jones, said Thursday. "His life pretty much went downhill at that point." Jones continued to believe he was HIV positive until mid-1994, when an infectious disease specialist told him he was not, the appellate court said. Jones now works as security manager for a grocery store, Lee said. He said Jones plans to appeal the decision to the Illinois Supreme Court.