A St Ann woman who was informed that she was HIV-positive when she attended the St Ann's Bay Health Centre has sued the Government to recover damages for the emotional stress she suffered as a result of the false information.

The defendants are the North East Regional Health Authority and the attorney general. They have not yet filed their defence to the suit.

Janice Francis, a 24-year-old beautician, said in court documents filed in the Supreme Court that on September 3, 2004, she accompanied her spouse Carlton Murdoch to the St Ann's Bay Health Centre.

Blood samples

While there, a member of staff requested that she give blood samples for testing. On entering the designated area to have her blood sample taken, she was allegedly informed that the result of a previous blood sample given was at the said clinic.

Francis said she was informed that the blood sample was tested and that she was HIV-positive. She informed them that she had never given any blood sample at that clinic for testing.

She contends that when she was asked if her name was Janice Francis and she answered in the affirmative, she was asked if she had given blood samples at the St Ann's Bay Hospital. Francis said she told them she only gave a blood sample at the Runaway Bay Health Centre.

When she told them that she received the results of the test in respect of that sample and it was all right, some staff members told her that it was of no consequence. They said the true result was the report they had in their possession.

She said she was shown a document dated July 2003, labelled with her name, address and date of birth. The document stated that the result had been HIV-positive.

Francis further claimed that she immediately became nervous, trembling, and that members of staff pressed her repeatedly to tell them the names of all the persons with whom she had sexual intercourse. When Francis told them she had only had sex with her spouse, Carlton Murdoch - who was her child's father - they said she was not speaking the truth, the complainant said.

Francis said she was subjected to ridicule and contempt by persons in her community who had got wind of the test result. She contends in the negligence suit that she suffered severe emotional stress, was not referred for treatment after the false information, and was not sent for counselling.

She said she subsequently underwent several blood tests, all coming up negative, which contradicted the original declaration.

barbara.gayle@gleanerjm.com