Hedgepeth v. Whitman Walker Clinic
District of Columbia Court of Appeals
980 A.2d 1229 (2009)
Terry Hedgepeth (plaintiff) went to Whitman Walker Clinic (WWC) (defendant) to be tested for HIV after learning his girlfriend was being treated for it. Due to intake and testing errors, WWC mistakenly told Hedgepeth he was HIV-positive, even though his test was actually negative. For the next five years, believing he had HIV, Hedgepeth suffered severe emotional distress, lost his job, developed an eating disorder, used illegal drugs, had suicidal thoughts, was hospitalized in psychiatric wards twice, and had sex with a woman he knew was HIV-positive. He was eventually retested elsewhere and learned he had never had HIV. Hedgepeth sued WWC for negligent infliction of emotional distress, and WWC moved for summary judgment, arguing he was never in any zone of physical danger. The trial court granted the motion, and Hedgepeth appealed.
Whether a plaintiff who suffers severe emotional distress from a negligent HIV misdiagnosis, without any actual physical treatment or exposure, can recover for negligent infliction of emotional distress absent having been in a zone of physical danger.