Legal Opinion
Harris v. State
New York Court of Claims
Decided January 22, 2001No. Claim No. 97121PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
Richard E. Sise, J.
This motion presents the question of whether an “AIDS-phobia” cause of action may be maintained when the needle or other instrument of alleged transmission is missing and cannot be tested to confirm whether the HIV virus was actually present.
*513In July 1997, claimant, a patient at State University Hospital at Stony Brook, had just undergone surgery and was getting into a freshly made hospital bed. As she put her hand between the sheets, the tip of her middle finger was pierced by a hidden hypodermic needle. The nurse who initially arrived on the scene…
2Cases cited20 opinions
- Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
- Murphy v. American Home Products Corp.New York Court of Appeals · 1983
- Sillman v. Twentieth Century-Fox Film Corp.New York Court of Appeals · 1957
- Andre v. PomeroyNew York Court of Appeals · 1974
- Johnson v. State of New YorkNew York Court of Appeals · 1975
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3Cited by1 opinion
- Harris v. United StatesDistrict Court, W.D. New York · 2018