Massachussetts Woman Wins Settlement for Misdiagnosis of HIV

For nearly nine years, Audrey Serrano had received treatments for HIV, the virus that causes AIDS, decided to get a second opinion and was shocked to learn that she never had the fatal virus.

According to the WB Massachusetts News, in 2003, Serrano decided to take her physician, Dr. Kwan Lai to court, recounting how the influential combination of the drugs used to treat HIV created more illnesses for Serrano such as, chronic fatigue, depression, loss of appetite and weight, as well as swelling of her intestine.

WB News stated that in testimony, Dr. Lai testified that Serrano told her that in the past, she had worked as a prostitute, and also had a partner that had AIDS, and that she had suffered three bouts of a type of pneumonia that is normally affiliated with those who are infected by the virus. Lai also testified how she had no reason to question Serrano's original diagnosis at another clinic because Serrano convinced her she had HIV when she took her personal history, and her blood had abnormal amounts of cells used to fight infections.

Although Audrey Serrano has confirmed that her former boyfriend tested positive for HIV/AIDS, she disputed the claim that she told the doctor that she had suffered bouts of Pneumocystis pneumonia, and denies that she had ever been a prostitute. Her lawyer's defense was how Dr. Kwan had repeatedly failed to order authoritative tests even after monitoring of Serrano's treatment did not show the presence of HIV in her blood.

After deliberations, a jury had awarded Serrano $2.5 million for damages of nearly a decade of treatment for something her immune system never had. Her attorney, David Angueira, made a public statement after the trial.

"It is one of the clearest cases of misdiagnosis that I have ever seen and it's based in part on a presumption that people who engage in certain types of conduct are more likely to have HIV and AIDS than other people without really listening to the patient."

As for Serrano, the 45-year-old states that she is grateful that the jury had believed her, and will finish her school, as well as continue to help others.

"Today, it's still hard. One minute you think you have it, the next minute you don't. Your mind plays tricks on you and you still live as if you have HIV, even though you really don't. I'm also going to find another doctor that will help me."