Federal Court Allows Lambda Legal and ARCW to Proceed to Trial on Behalf of HIV Positive Woman Denied Surgery
July 23, 2010
Milwaukee, Wis. -- Late yesterday, the U.S. District Court for the Eastern District of Wisconsin ruled that discrimination claims filed by Lambda Legal and the AIDS Resource Center of Wisconsin (ARCW) on behalf of Melody Rose will proceed to trial.
Ms. Rose is a 36-year-old Wisconsin woman who was denied surgery because of unfounded fears regarding the transmission of HIV. The court denied, in large part, motions for summary judgment filed by defendants Steven M. Cahee, M.D., the Fond du Lac Regional Clinic, S.C., and Agnesian HealthCare, Inc.
U.S. District Court Judge J.P. Stadtmueller wrote: "A reasonable jury could look at all of this evidence and conclude that Dr. Cahee discriminated against Rose in the provision of services by declining to perform surgery on her and that this decision was based on Rose's disability."View Full Article
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