Federal Court says Crown not liable for HIV-positive inmate's illness.
In March 2007, the Federal Court held that Brian Donald Hickey, an HIV-positive federal penitentiary inmate, failed to establish on a balance of probabilities a causal link between the over-prescription of an antiretroviral medication (ART) by prison health care employees and the development of peripheral sensory neuropathy, a painful form of nerve damage. The Court also held that the Crown was not liable for the harm caused by the negligence of an independent contracting physician. As a result, Hickey's action for negligence against the Crown was dismissed.
D023241:Antiretroviral Therapy, Highly Active / Q000009:adverse effects; D002170:Canada; D006679:HIV Seropositivity / Q000150:complications*; D006801:Humans; D007883:Legislation, Medical; D009422:Nervous System Diseases / Q000139:chemically induced; D011329:Prisoners; D012941:Social Responsibility