The Witness Box

Commenting on expert evidence, economic damages, and interesting developments in injury, wrongful death, business torts, discrimination, and wage and hour lawsuits

Friday, June 02, 2006

Worklife expectancy for plaintiffs with HIV and AIDS

On a recent listserv post, economists commented on the difficulty associated with estimating the work life expectancy of an HIV+ plaintiff in a wrongful termination case.

The case involved a manufacturing manager person who was fired by the employer after a co-worker informed the company that the plaintiff had contracted HIV. The plaintiff alleges that the employer, once learning of his medical condition, demoted him to a first line supervisor position that required him to perform significantly more physical work. Since the plaintiff could not perform the work because of his illness, he was ultimately fired by the employer.

Possible worklife assumptions: worklife = life expectancy.

While the time between HIV infection and death was estimated to range from eight to 13 years in the 1980's and 1990s, many patients can expect a life expectancy equivalent to that of the general population. Some studies have estimated that the mortality rate from AIDS has fallen by 70% between 1995 and 2001. Some researcher have estimated HIV/AIDS survival rates as high as 91%.

However,from the economic damage perspective, it not clear how many of these years an HIV+ individual will be able to successful work. At the present time there is little longitudinal data to rely on making this determination. The medical opinion of a doctor who specializes in treating HIV and AIDS patients may be the best and most reliable estimate of the HIV+ plaintiff's worklife in this setting.

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