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McLarney v. Community Health Plan
Citations: 250 A.D.2d 310; 680 N.Y.S.2d 281; 1998 N.Y. App. Div. LEXIS 12520
Court: Appellate Division of the Supreme Court of the State of New York; November 18, 1998; New York; State Appellate Court
Plaintiff Daniel McLarney was accidentally pricked by a needle while handling trash at the defendant’s dental facility and subsequently sought medical treatment. The needle was discarded by hospital staff, preventing testing for HIV. Following the incident, he was advised to act as if he had been exposed to HIV, underwent testing, and was prescribed AZT, leading to serious side effects that required him to stop taking the medication. Medical evaluations later revealed he had a hiatal hernia and esophageal ulcer, potentially linked to the AZT or stress from fearing AIDS. McLarney and his wife filed a lawsuit claiming damages for physical and emotional injuries due to the defendant's negligence and a violation of Public Health Law 1389-cc regarding needle disposal. The court granted the defendant summary judgment, leading to this appeal. The court determined that McLarney could not recover for emotional distress related to his fear of AIDS, as he had not tested positive for HIV and the needle had not been contaminated with blood. Absent evidence of actual exposure or special circumstances substantiating his claim, his emotional trauma claims were dismissed. The court also found the second cause of action regarding the violation of Public Health Law 1389-cc to be without merit, as any emotional injuries were deemed too remote and speculative to warrant recovery. Thus, the dismissal of the claims related to emotional or psychological injuries was upheld. A violation of the statute may indicate negligence but does not support a separate statutory cause of action. Plaintiffs' claims for compensation related to physical injuries and derivative losses caused by a needle stick or subsequent treatment, including prescribed AZT, remain valid. The defendant has not sufficiently rejected these claims at this stage. Therefore, the defendant's motion for summary judgment should have been denied concerning these specific claims. The court ordered a modification of the previous ruling, reversing the dismissal of parts of the plaintiffs' first and fourth causes of action that relate to physical injuries or losses from the needle stick and associated treatment, while affirming the rest of the decision.