Doe v. State of New York

In 1988, Jane Doe (plaintiff), a 38-year-old registered nurse, was attempting to restrain an HIV-positive inmate for treatment. The two state correctional officers in attendance refused to help restrain the inmate. Doe was stabbed in the hand by a needle contaminated with the inmate’s blood, and as a result, Doe contracted HIV. In 1992, Doe brought a negligence action against the State of New York (defendant). At trial, Doe presented medical expert testimony that Doe’s HIV infection was likely to progress to full-blown AIDS by 1996 or 1997 and that Doe would likely die shortly thereafter. Doe also presented economic testimony establishing that her average annual earnings were $30,000 and that the HIV infection reduced Doe’s work-life expectancy from approximately 18 to 24 years to only eight years postinfection. The trial court awarded Doe damages for past and future medical expenses, for past and future pain and suffering, and for economic loss. However, the trial court denied Doe’s request for future economic damages, holding that Doe’s estate could file a wrongful-death action to recover future pecuniary losses after Doe’s death. Doe appealed, arguing that she was entitled to future economic damages and that those future economic damages should not be discounted to present value because doing so would deprive her of her property without due process of law.