Woman Misdiagnosed With HIV Awarded $2.5M

Massachusetts Woman Treated For HIV For 9 Years Before Learning She Never Had Virus

(AP)  A jury has awarded $2.5 million in damages to a woman who received HIV treatments for almost nine years before discovering she never actually had the virus that causes AIDS.

In her lawsuit against a doctor who treated her, Audrey Serrano said the powerful combination of drugs she took triggered a string of ailments, including depression, chronic fatigue, loss of weight and appetite and inflammation of the intestine.

Serrano, 45, said she cried after hearing the verdict Wednesday in Worcester Superior Court and was gratified that the jury believed her.

"I'm going to finish my school and I am going to continue to help others," Serrano said in a telephone interview. "I am going to find another doctor that will help me."

Serrano's attorney, David Angueira, said Dr. Kwan Lai, who treated his client at the University of Massachusetts Medical Center in Worcester's HIV clinic, repeatedly failed to order definitive tests even after monitoring of Serrano's treatment did not show the presence of HIV in her blood.

"It is one of the clearest cases of misdiagnosis that I have ever seen and it's based in part on a presumption that people who engage in certain types of conduct are more likely to have HIV and AIDS than other people without really listening to the patient," Angueira said after the verdict.

Lai testified last week that Serrano told her she had worked as a prostitute, her partner had AIDS, and that she had suffered three bouts of a type of pneumonia typically associated with those infected by the virus.

Serrano has denied she had ever been a prostitute. She confirmed that her former boyfriend tested positive for HIV/AIDS, but disputed the claim that she told the doctor that she had suffered bouts of Pneumocystis pneumonia.

Lai's attorney, Joannie Gulliford Hoban, did not return a call for comment Wednesday night.

Lai testified that she had no reason to question Serrano's original diagnosis at another clinic because Serrano convinced her she had HIV when she took her personal history, and her blood had abnormal amounts of cells used to fight infections.

Hoban argued during the trial that Lai had provided standard care to Serrano.

"Audrey's case clearly demonstrates how inadequate that procedure was," Angueira said. He said his client "is responsible for changing thousands of lives in the future."

The medical center, which was not named in the lawsuit, did not immediately return a message for comment Wednesday night. The institution has denied wrongdoing in the case.

The jury reached its verdict after two days of deliberations, Serrano's attorney said. He said the damages could total about $3.7 million including prejudgment interest.

Serrano filed the lawsuit in 2003 after she became suspicious of her diagnosis and had herself tested at another hospital.

[DreamLegalTeam]

The naysayers chating ever so enjoyably here were not on the jury and thank God they weren't. People like that are all about themselves and are fueled by hatred for others. Fair and impartial is what they deem it to be using their own narrow and bigoted frame of reference. Justice to those means Just us.
Bill Hayes
DreamLegalTeam.com

[jpaskell1990]

I was an exotic dancer & I guess because at one time I was a dancer my doctor felt that was the same as a prostitute, because she put in my records that I told her I was a prostitute but never once mentioned the fact that it was a dancer I told her I was, "NOT A PROTITUTE" to which I have never done in my life. I will not defend myself to anyone here but attempt to educate those who feel superior & above making mistakes in their lives. Before you think about judging me or anyone else again, please look in the mirror & ask your self; if this what the "God" of my understanding would want me to do, or would he want me to show the same compassion that I may some day need? Especially, not knowing all of the facts, & or knowing this person I pass judgment upon! God says do not judge, lest he be judged himself! People who live in glass houses should not THROW stones; May the God of our understanding bless & keep everyone of us under his wing, giving us the heart, compassion and understanding we all need & appreciate! Audrey S. Serrano

[DreamLegalTeam]

God bless you. The naysayers were not on the jury and thank God they
weren't. People like that are all about themselves and are fueled by
hatred for others. Fair and impartial is what they deem is it using their own narrow and bigoted frame of reference. Justice to those means
Just us.
Bill Hayes
DreamLegalTeam.com

[jpaskell1990]

For all of those who have negative comment about me, please if you do not know me or the whole story, do not judge me. I most certainly did ask my doctor to retest me, but when you are told as I was, you are just in denial, setting yourself up & have been tested enough,& trust your doctor, one thinks okay so maybe she is correct& then with knowing I would have to relive the nightmare all over again as if hearing the news again for the first time; I want each of you who have a bad comment about me to put your selves in my shoes for one minute and think about how you would feel having a death sentence placed over your head, only to later find out it was all a lie & some professionals knew the truth that you really didn''t have this disease you were forced to swollow, live with & deal with for over nine of the longest years of your life, how you would feel & deal with this? Please see the other half of response on follow up! Thank you, Audrey S. Serrano

[vapalmer]

From : [e-mail]
Subject: Copy of: CURE for HIV/AIDS
Date: Tue, 30 Oct 2007 00:36:05 +0000

from:
Apostle Shada Mishe

Here is the videotaped presentation of the CURE for HIV/AIDS that I
gave at the
MLK library.....or visit www.ambushcuresaids.homestead.com or call me
305-409-9759....Apostle Shada Mishe.


http://www.youtube.com/watch?v=8V53D1w__Po
http://www.youtube.com/watch?v=vPwuwlVBOV0
http://www.youtube.com/watch?v=ZejptOwMTzQ
http://www.youtube.com/watch?v=CqcTgIAhrhc
http://www.youtube.com/watch?v=f7HPKcT_iwY
http://www.youtube.com/watch?v=W9iQfgiYAnw
http://www.youtube.com/watch?v=i3RzRS6tJDM

[vapalmer]

From : [e-mail]
Subject: Copy of: CURE for HIV/AIDS
Date: Tue, 30 Oct 2007 00:36:05 +0000

from:
Apostle Shada Mishe

Here is the videotaped presentation of the CURE for HIV/AIDS that I
gave at the
MLK library.....or visit www.ambushcuresaids.homestead.com or call me
305-409-9759....Apostle Shada Mishe.


http://www.youtube.com/watch?v=8V53D1w__Po
http://www.youtube.com/watch?v=vPwuwlVBOV0
http://www.youtube.com/watch?v=ZejptOwMTzQ
http://www.youtube.com/watch?v=CqcTgIAhrhc
http://www.youtube.com/watch?v=f7HPKcT_iwY
http://www.youtube.com/watch?v=W9iQfgiYAnw
http://www.youtube.com/watch?v=i3RzRS6tJDM

[evie1960]

This is to every one that has a bad comment about her, Were you in that Court room with her? NO" she was to prove that she was not a prostitute, and she did get retested"BUT that Doctor kept the results from her when they came out negitive.
It was in black and white in her records, so please if you don''t have all the fact or don''t know the real truth don''t judge her or any one for that fact.
She is going to give some of the money to help other people, she did not do it for the money, she came forward so that it does not happen to any one else.
She has a Group that she helps alot of families, it is familiesagainstabuse.org Read about her and get to know her, I belong to her group.
Evie

[mythoughtsr]

Mythoughtsr...there is more to the story...and the jury got the rest and based their verdict on the facts provided. Posted by kiwi_chick

Was that you on the jury who awarded millions to the woman who sued because the coffee was too hot? You''re a riot!!! People will sue for anything. The story CLEARY states that the woman told the doctor she was a prostitute, now she denies it. Yeah, LOOK AT HER. Now she''ll really be able to fuel her "passions" now. Get real. What do you think we all are, dummies? JURORS?

[nolalou]

I cannot believe the number of comments here from people who want to blame the victim! Should she have gotten a 2nd opinion? In hindsight, I''m sure she''d agree, but it was the doctor who was grossly negligent and incompetent! After all, it''s the doctor who is supposed to have the medical training to make a correct diagnosis!

[averjane]

I think sometimes doctors get mad when you question their diagnosis because it insults their degree they earned which makes them an "expert". I''ve gotten that feeling whenever I''ve gone to a doctor and described illnesses to them. You almost have to insist to them that they listen. You have to know your body and how drugs affect you. Always ask follow-up questions to be sure there is no communication problem of what he prescribes and what you understood. Remind them about other medications you are taking and ask if it will have an affect. Remember they don''t know everything and one little left out piece of information can change everything.
Spectrum108
Why would anyone envy this woman of her money? She has the medical problems to go along with it. I''d rather have my health any day than 2.5 million dollars.

[mandylou4u]

Not to say anything bad about this woman, seems she''s been through enough, but I wonder if she ever had a thought to go get herself another opinion. I think I would have to, just to be sure. That''s something pretty serious.

[mswolfestock]

This is really a no-brainer. The doctor just wanted her money. There are probably thousands more patients like this woman, and the greedy doctors are laughing all the way to the bank. Doctors are getting as bad as lawyers as far as being greedy and corrupt. I''m on the same page with everybody else - GET A SECOND, OR EVEN A THIRD OPINION. IF YOU DON''T TRUST THE DOCTOR YOU ARE SEEING, FIND ANOTHER ONE. It could save your life and your life savings, too.

[jetlizhan]

when i was 19 yrs old i developed a ''lump'' in my neck area and was told it was a goiter and it was no big deal. my mom insisted i be referred to unc hosp in chapel hill, nc. turned out it was a massive malignant tumor that had been growing for 2 yrs (based on the size); it had hemorrhaged twice and the walls of the tumor were paper thin - had it hemorrhaged one more time, the cancer cells would have gone to my lungs and killed me. had i listened to the ''quack'' about the goiter thing, i wouldn''t be writing this post!!!!!!! doctors do NOT know everything. some are good, even great and some are cr@p.

[jeanner6]

I thought EVERYONE knew to get a second opinion for something this life threatening.

[bacardistuff]

My aunt was told that a lump on her leg was "nothing". Nothing turned out to me skin cancer. She underwent 3 surgeries for that lump but it was too late. Come to find out lab tests showed skin cancer a couple of months before and the doc ignored those results. She filed a lawsuit, won and died 3 months later.

[nothappyatall]

THIS is why you ALWAYS get a second opinion on any important diagnosis- cancer, HIV etc etc had she gotten a second opinion and test this never would have happened.

[tngreen]

Doctors need to take the time to listen to their patients, and managed groups need to give them that time. When they don''t, lawsuits can help them see the light.

I had a doctor who told me that his best diagnostic tool was his ear--to listen to his patients. The same doctor did not listen to me and I lost a kidney as a result. It is VERY difficult to get your doctor to listen to you and really think about all of the evidence--they want to fast-track everybody who isn''t on death''s doorstep. And this is what happens. If logic and compassion will not compel them to change, perhaps multi-million-dollar lawsuits will. My heart goes out to Ms. Serrano, who will probably spend all of her award and then some on her recovery. Best of wishes to you!

[beadazzle]

This doesn''t make her stupid,but she should have gotten more test done immediately to make sure it was the right diagnosis. She says''s she wasn''t a prostitute also. This happens so much it''s unbelieveable. My own doctor had prescribed celexa while i was still taking amitriptyline after i told him i felt i was no longer depressed but i was having a bit of a time concentrating. Little did i know that within 9 days i would be in the hospital with an enlarged heart and other problems that nearly killed me. He had not done his home work and should have known that you are to be taken off the amitriptyline for 14 days before being put on celexa. I never even got an apology from him. Needless to say that wasn''t the first time he had done this to me and now he is no longer my doctor. So people get second opinons and use the web it could save your life.

[hypnotoad72]

Well, AIDS drugs DO cause those side-effects. And it''s easy for doctors to diagnose; especially if they don''t know your history, prefer to omit parts of it, and/or think having certain symptoms combined with ambient environment equates to something. Even when there are exceptions.

[oleander8]

To: jackie0428

Feel strongly about this woman huh? She''s not a victim at all huh?

If there ever was a reason for a lawsuit - this is it.

[jackie0428]

Stupidest woman in the world. Did it not ever occur to this brain-dead loser to be re-tested a few times? Do any of you know how EASY it is to get a free and fast anonymous HIV test? You can do it in any city in the country. Most of them even have while-you-wait tests available. If you told me I had HIV, I%u2019d just go get tested again. And again. And again. From different clinics, preferably. That is what most people do when they are told they are positive. They look for corroboration. Anyone with a brain would have insisted on repeated testing, but she CHOSE to suffer for years and years? This woman should have not gotten one cent. In fact, she OWES the medical system thousands of dollars for wasting their time with HER stupidity. Lawsuits like this help NOBODY. They raise the costs of insurance and medical care and taxes for ALL of us. This freak should be condemned for the moron she clearly is.