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The State

A San Francisco nurse has sued an AIDS testing firm for allegedly incorrectly telling him twice by telephone that he was infected with the AIDS virus. Gerald Brogan said he learned the truth only when he visited the testing center after the second call to have his wife tested. He then spotted the error by reading his own chart, he said. Brogran’s Superior Court suit accuses Kimberly Services Inc. of negligence in misreading the tests, in reporting a preliminary test result over the phone and in failing to provide counseling to a patient who is told he has the AIDS virus. His wife, Hilary, joined the suit, which seeks unspecified damages for emotional distress and loss of marital companionship. Brogan said he decided to be tested after coming in contact with blood from a patient infected by the AIDS virus. A spokesman for Kimberly said the Boston-based firm has discontinued testing for the AIDS virus, but hopes to resume.


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