Four transplant patients have been informed that their organ donor was infected with the AIDS virus and hepatitis C in a case that has exposed a serious flaw in the system for implants. Testing on the donor came back negative because he appears to have acquired the conditions in the last three weeks of his life. Any case could come by to a battle over waivers. There is also the question of urgency in transplants or whether the hospitals should have waited for testing at death to be returned. For the full story, click here Such cases can be brought in both negligence and battery.
On the battery side, it is not uncommon for individuals to sue after being infected with a STD, or sexually transmitted disease. While the sex is often consensual, there was not consent to be “touched” by an undisclosed disease liek herpes or AIDS. (One such case involved a $6 million lawsuit against Robin Williams by a waitress who claimed to have contracted herpes – the case settled for an undisclosed amount). For one such case ruling, click here These transplant cases could move this by analogy to a post-death exposure. Theoretically, unless waived, they could even sue the estate of the donor for withholding the information — if he knew.