Dentist Settles Suit for Avoiding Man With HIV
In the first settlement of its kind, a Texas man who tested positive for the AIDS virus will receive $100,000 in damages and penalties from a dentist who refused to continue to treat him, the Justice Department said Thursday.
The department sued the Castle Dental Center in Houston last year, asserting that it violated the Americans with Disabilities Act when it told Harrison J. Totten that it would no longer treat him.
Dr. Jack Castle, owner of the dental center, must pay $80,000 in compensatory damages to Totten. Castle Dental Center and its management company, Family Dental Services of Texas Inc., each will pay $10,000 in civil damages.
The suit alleged that after getting braces, Totten was continuing in treatment at the center until it learned he had tested positive for HIV in the spring of 1992.
Federal law prohibits discrimination against people with disabilities in places that serve the public. Under the act, testing positive for HIV and having AIDS are considered disabilities.
In a statement, the American Dental Assn. said its policy obliges members to treat HIV-infected patients.
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