Barbara Gayle, Staff Reporter

The government is to pay $4.8 million with interest for a wrong diagnosis four years ago that a pregnant woman was HIV-positive.

Justice Horace Marsh assessed damages and made the award on Wednesday for mental anguish to the woman and her fiancé.

Attorney-at-law Christopher Townsend, who represented the couple, said it was the first case in Jamaica in which an award was made for mental anguish.

The woman's common-law husband, who was severely traumatised by the diagnosis, had joined her in the negligence suit seeking compensation for damages. The Government had accepted liability and the case was set for assessment.

Joan Morgan, a teacher, living in St. Catherine, and Detective Corporal Cecil Lawrence had sued the Ministry of Health and the University Hospital of the West Indies.

They said that in March 2003, blood was taken from Morgan at the University Hospital. Morgan, who was pregnant at the time the wrong diagnosis was made, gave birth months later to a healthy baby. The diagnosis was made between March and April 2003. The claimants said in their statement of claim, that the Ministry of Health or the National Blood Transfusion Services tested the blood taken from Morgan and negligently misdiagnosed her as being HIV-positive.

Strain on the relationship

When they were informed of the result of the blood test, it caused a major strain on their relationship and emotional problems between them. The misdiagnosis caused them to stop having conjugal relations and caused them sleepless nights.

Morgan said further that she suffered symptoms of depression, appetite disturbance and insomnia. She was sent to an AIDS support group after the diagnosis.

Lawrence said he faced shock and scorn from colleagues, friends and associates.

The Ministry of Health was accused of failing to properly collect, handle or store blood serum or plasma used. It was also accused of being negligent in using improper or incorrect testing methods and use of body specimens.

Some months after the diagnosis, a doctor at the University Hospital became suspicious when he noticed the reading in relation to the test results. The doctor advised Morgan to get an independent test. She did so and the results were negative.

Morgan was subjected to a further test when she filed the lawsuit. Lawyers from the Attorney-General's Department requested a further test and Morgan's blood was drawn at a laboratory in the presence of her lawyer and lawyers from the Attorney-General's Department. The results were negative.

barbara.gayle@gleanerjm.com