Health Law Keyed to Furrow
Bragdon v. Abbott
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Abbott (Plaintiff) was infected with human immunodeficiency virus (HIV) which she disclosed to Bragdon (Defendant), a dentist, when she went to see him. When (Defendant) informed Plaintiff of his policy against filling cavities of HIV-infected patients, he offered to perform the work at a hospital with no added fee for his services, however Plaintiff would be responsible for the cost of using the hospital's facilities. Plaintiff brought suit under § 302 of the ADA, claiming discrimination based on her disability. The district court ruled in favor of Plaintiff, holding that her HIV infection was a disability under the ADA, even though her infection had not yet progressed to the symptomatic stage. The court of appeals agreed that treating Plaintiff in the dental office would not have posed a direct threat to the health and safety of others. Defendant appealed. The United States Supreme Court granted certiorari.
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