Court: Wife Can't Sue HIV Research Firm for Husband Infecting Her

By Matt Green

Published on August 29, 2005

Maryland's highest court -- the Court of Appeals -- said Pharmacia & Upjohn wasn't liable for the infection of the woman, only identified as "Jane Doe."

In a unanimous decision on Aug. 11, the state court ruled that Pharmacia & Upjohn, now part of Pfizer Inc., is legally responsible only for its workers, not spouses or other family members. The court said holding the company liable for people remotely tied to the company could lead to a flood of lawsuits.

U.S. District Judge Peter J. Messitte in Greenbelt had previously dismissed the case. That ruling was appealed last year to the Fourth U.S. Circuit Court of Appeals.

The woman's husband worked at the company's lab in Montgomery County, which closed in 1991. He unknowingly contracted the HIV virus there and passed it on to her. The former lab technician receives worker compensation benefits, but his wife cannot.

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