AIDS Daily Summary December 6, 1994 The Centers for Disease Control and Prevention (CDC) National AIDS Clearinghouse makes available the following information as a public service only. Providing this information does not constitute endorsement by the CDC, the CDC Clearinghouse, or any other organization. Reproduction of this text is encouraged; however, copies may not be sold, and the CDC Clearinghouse should be cited as the source of this information. Copyright 1994, Information, Inc., Bethesda, MD ************************************************************ "H.I.V. As a Defense in a Murder Trial" "SEPTA Loses AIDS Privacy Judgment" "Two Similar Cases of Dentists, AIDS" "In Romanian Port, Orphans Suffer with Poverty, Neglect and AIDS" "Clean Needles Slow AIDS" "AIDS Victim's Parents, Friend at Odds over Burial" "NZ Court Puts Kenyan on Trial in AIDS Case" "On Shaky Ground" "Manager Training" "Books: Amazing Grace" ************************************************************ "H.I.V. As a Defense in a Murder Trial" New York Times (12/06/94) P. A14; Dunlap, David W. An approaching murder trial in Laurel, Miss., has many gay organizers worried that the case may be decided on whether the two homosexual victims were infected with HIV. J. Ronald Parrish, the lawyer for the defense, said he will argue that the accused shot the two men when they tried to sexually assault him. Parrish said the case is not about whether the accused thought the men might be infected with HIV. Instead, he said it is about whether the men had the virus and had gone out seeking sex, in which case their behavior would have been comparable to that a man carrying a loaded gun--and could therefore be considered an "aggravating factor." The judge ordered HIV testing of the two men's blood, but has not disclosed the results or whether the results will be admissible in the trial. April Richards, president of the G.L. Friendly Community Center in Biloxi, Miss., said "If these tests are allowed in court and the accused is released for 'justifiable homicide,' we will be setting a legal precedent: that killing someone with H.I.V. or someone who is presumed to be H.I.V.-positive, will not only be acceptable but excusable by the law." The accused has been charged with two counts of murder, each carrying a maximum sentence of life in prison. "SEPTA Loses AIDS Privacy Judgment" Philadelphia Inquirer (12/06/94) P. B1; Slobodzian, Joseph A. A federal court jury concluded that a SEPTA manager's constitutional right to privacy was violated when an administrator discovered he his illness with AIDS during a review of employee prescription claims. The jury also found that the administrator, Judith Pierce, violated the manager's privacy. Although Pierce was not dealt any punitive damages, she plans to appeal the verdict. SEPTA was held liable for failing to train Pierce and others about the privacy rights of employees. "John Doe" was awarded $125,000 in damages for "mental and emotional distress." "Two Similar Cases of Dentists, AIDS" Washington Post (Health) (12/06/94) P. 5; Boodman, Sandra G. Two Florida dentists are suspected on infecting their patients with HIV. The Centers for Disease Control and Prevention (CDC) concluded in the first case that Dr. David Acer somehow transmitted HIV to six of his patients during dental procedures. In the second case, the CDC decided that the dentist in question did not infect 28 of his patients who contracted HIV. He worked in a poor Miami neighborhood and sometimes reused disposable equipment, but most of the patients had sex or drug habits that put them at high risk for HIV, the investigators concluded. Both cases were decided on the similarity of DNA viral sequences. Acer's patients had very similar strains, while the other dentist and his patients were infected with different viral strains. The Acer case is the only documented instance of HIV transmission from an infected health care worker to patients. During the past year, media reports--including one by Mike Wallace of "60 Minutes"--raised questions of Acer's guilt and the CDC's use of DNA viral sequences. Wallace suggested that the six patients had other AIDS risk factors that the CDC ignored or was unaware of. During Wallace's broadcast, a virologist called the sequencing technique inconclusive. Harold Jaffe, head of the CDC's AIDS division, accused "60 Minutes" of omitting information that contradicts the program's conclusions. Related Story: Houston Chronicle (12/02) P. 4A "In Romanian Port, Orphans Suffer with Poverty, Neglect and AIDS" Journal of Commerce (12/06/94) P. 7B; Dascalu, Roxana In Romania, children have been the worst hit by AIDS. More than 90 percent of all known cases of HIV-infection are in children under the age of 12. The source of infection is believed to be blood sold by poor sailors, which went immediately to the areas of greatest need, such as hospitals and orphanages. One half of the HIV-positive children in Romania were infected through unscreened blood and lack of disposable syringes before the 1989 revolution that ended the rule of communist dictator Nicolae Ceausescu. Rodica Matusa, the AIDS coordinator for Constantza-- the port with the highest number of HIV-infected children in Europe--said that most of the HIV-infected children are orphans or were abandoned at birth. There has been a shift, however, and now most new cases are being sexually transmitted to mothers. Foreign aid groups have tried to establish places where the children can live "like normal children," but still receive treatment. Matusa said that while "life expectancy was only a few months in 1989," because of the love and treatment found in the AIDS hospices, "now I have children who have lived for more than five years." "Clean Needles Slow AIDS" New York Times (12/06/94) P. A22 The evidence that researchers in New York City found that providing clean needles to drug addicts can slow the spread of HIV strengthens the case for needle exchange programs in New York and all other cities with injection drug users at risk, write the editors of the New York Times. Thus far, no study has measured a notable decline in AIDS infections among addict. The most significant finding was that only 1 to 2 percent of the enrollees became HIV-infected each year, compared to 4 to 5 percent among those not enrolled. The study also found that needle exchange programs do not increase or encourage drug use--two of the main fears in the opposition to such programs. Although the lower rate of infection may be explained by participants who are more highly motivated than other addicts to avoid risky behavior, the provision of clean needles and the support provided by the programs' staff members were also significant. If the findings that regular participation in needle exchange programs can reduce the risk of infection by 50 percent can be confirmed, all states should use exchange programs to fight AIDS, conclude the New York Times editors. "AIDS Victim's Parents, Friend at Odds over Burial" Chicago Tribune (12/05/94) P. 1-3 A legal battle has erupted between the parents of a Michigan man, O'Jay Bewley, and the man's lover of 12 years. The man, who died of AIDS-related complications, left a will but did not indicate where he wanted to be buried. The parents want him buried near their home in Texas, but their son's longtime companion wants him to be buried in Michigan. He contends that Bewley wanted to be buried in Michigan and that they had bought burial plots together. A decision will be made at a hearing on Dec. 12. "NZ Court Puts Kenyan on Trial in AIDS Case" Reuters (12/04/94) The trial of a Kenyan musician who is charged with willfully infecting a woman with HIV began in New Zealand on Monday. The man pleaded not guilty to charges of transmitting the virus that causes AIDS to one women and endangering the lives of another four. If convicted, he will face up to 14 years in prison. "On Shaky Ground" Advocate (11/29/94) No. 669, P. 36; Gallagher, John Although San Francisco General Hospital's Ward 5A is internationally known for the AIDS care it provides, it faces many problems because of government cost-cutting and the changing economics of the health care industry. San Francisco General, like other public hospitals across the country, must keep its costs low and compete with private institutions for patients while providing care to an increasing number of indigent, undocumented, and unprofitable patients. Also, California has mandated that if public hospitals in the state's 13 largest counties wish to continue participating in Medi-Cal, they must initiate managed health care plans by early 1995. "With managed care you have to luck out again and hope that your gatekeeper is willing to do aggressive advocacy for your care for very little money," said Gary Rose, associate director for legislative and regulatory affairs for the National Association of People With AIDS. Many AIDS patients, because they are tired of dealing with San Francisco General's bureaucracy, have left Ward 5A in favor of private hospitals that have their own AIDS units. Increasingly, those who remain suffer from AIDS-related complications, mental problems, and substance abuse. With a more conservative Congress ready to emphasize cutbacks next year, Ward 5A and AIDS units at other hospitals will have to cope as best they can. "Manager Training" Federal Times (11/14/94) Vol. 30, No. 40, P. 43 HIV and AIDS education programs are being offered to agency managers by the Agriculture Department Graduate School . "Special Issues for Supervisors and Managers" targets managers who are dealing with life-threatening illnesses among staffers. It covers subjects such as legal issues, federal policy, and the emotional psychological problems faced by sick workers. "HIV and TB: the Twin Epidemics," a related course, discusses the effects of AIDS and tuberculosis on the workplace. "Books: Amazing Grace" Advocate (11/15/94) No. 668, P. 88; Pela, Robert L. Queer and Loathing: Rants and Raves of a Raging AIDS Clone, by the late David B. Feinberg, is a collection of previously published magazine articles and speeches, as well as new autobiographical essays. The pieces demonstrate with humor Feinberg's struggle with his own infected status and the forces behind his novels. For example, his list of "100 Ways You Can Fight the AIDS Crisis" contains plans for assassinating Jesse Helms, and his account of a visit to the Names quilt describes a makeout session.