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Howe v. Hull

United States District Court for the Northern District of Ohio

874 F.Supp. 779 (1994)

Relevant factsFree

Charon, HIV-positive, went to Fremont Memorial Hospital's (defendant) ER after a severe drug reaction diagnosed by Dr. Reardon as likely Toxic Epidermal Necrolysis (TEN); when Reardon called on-call physician Dr. Hull (defendant) to approve Charon's admission, Hull's questions focused almost entirely on whether Charon's HIV had progressed to AIDS rather than his actual TEN symptoms or vital signs, and Hull commented that admitting an "AIDS patient" meant he'd "never get him out," directing Reardon to transfer Charon elsewhere without ever examining him. Howe (plaintiff), Charon's companion, sued Hull, Fremont, and others under the ADA and Rehabilitation Act; Hull moved for summary judgment.

IssueFree

Whether there was sufficient evidence to deny defendant's motion for summary judgment when an HIV-positive patient was allegedly discriminated against by being denied medical treatment for a non-AIDS-related severe drug reaction in violation of the ADA and the Rehabilitation Act.

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