Discovery and Injunctive Relief Sought Against University of Chicago Hospitals and Gift of Hope Organ & Tissue Donor Program
December 4, 2007On Thursday, November 15, 2007, attorney Thomas A. Demetrio of the Corboy & Demetrio law firm, filed an emergency petition in the Circuit Court of Cook County on behalf of his client who contracted the HIV virus and Hepatitis C as a result of a kidney transplant at the University of Chicago Hospitals on January 9, 2007. The kidney was procured by Gift of Hope Organ & Tissue Donor Network.
The Petition states that Gift of Hope knew the deceased donor had engaged in high risk behavior and that Gift of Hope in turn informed the University of Chicago of that fact. Gift of Hope performed an ELISA antibody test for HIV and Hepatitis C and the tests were found to be negative. However, Gift of Hope did not perform a NAAT test to detect HIV and Hepatitis C. Prior to the surgery, Demetrio’s client was not informed that the donor was a high risk donor or that a NAAT test had not been performed.
Demetrio asks the Court to order the University of Chicago and Gift of Hope to preserve, protect and be enjoined from altering or destroying any and all records in their possession pertaining to the donor and that the University of Chicago preserve, protect and be enjoined from altering or destroying any and all records in its possession pertaining to his client.
Demetrio stated:
It is imperative that we secure any and all records and information pertaining to this transplant surgery and the kidney donor in order to properly protect the legal rights and interests of our client.
