Ireland: Police HIV risk "as likely as being struck by asteroid"; compensation slashed

The risk faced by Irish police of occupational exposure to HIV and other blood-borne infections is "as likely as being struck by an asteroid," according to expert testimony during a test compensation case conducted by Ms Justice Mary Irvine in July 2009 following a high level of compensation claims involving fear of transmission of such diseases coming before the Irish courts.

Since then, reports today's Irish Independent, compensation payouts have been reduced from "upwards of €50,000" to between €5000 and €7000.

Full story below.

Garda payouts for injury fears slashed due to 'tiny' HIV risk
By Ray Managh
Tuesday July 13 2010

COMPENSATION for gardai claiming they suffered anxiety after minor scrapes with potential drug addicts has been slashed after the risk of illness was deemed to be "as likely as being struck by an asteroid".

After a test case was taken before the High Court, damages for stress were yesterday cut to well below what can be awarded by the District Court.

But while this will save the State in compensation costs, the final bill will more than quadruple after legal costs are included.

Asteroid

Some judges, have, in the past, awarded gardai in similar cases upwards of €50,000 at a time when no significant attempt had been made to test for HIV contamination.

Ms Justice Mary Irvine conducted a test case during which she heard from medical experts that the risk of a garda contracting diseases from drug addicts was as likely as being struck by an asteroid.

Since delivering her judgment, Ms Justice Irvine has significantly reduced that element of compensation relating strictly to anxiety about contracting an anti-social disease.

Yesterday, she reminded authorities of the need to allay garda fears through continued education about the remote risk of infection. She said in incidents of injury it was important to carry out tests on assailants.

Gda Cormac McAvock, of Oranhill, Oranmore, Galway, was awarded €7,000 for anxiety and physical injury he suffered while making an arrest when he was stationed in Mullingar.

He did not know what had caused a finger wound but had been advised to have blood tests. He did not have counselling and had not asked that his assailant be tested for HIV.

Gda Gerard Ryan, of The Grove, Louisa Valley, Leixlip, Co Kildare, was awarded €5,000 for stress suffered after he was injured during an arrest.

Ms Justice Irvine said he had believed he had been bitten by his assailant who was not a known drug user and he had been advised of the very minute risk of infection.

Ireland, UK, US: Spitting and biting cases highlight police ignorance

Whether its Fort Mill, South Carolina; Jacksonville, Florida; Rutland, Vermont; or Wimbledon in the UK, the police and media have been over-estimating the risk of HIV transmission from biting or spitting over the past two weeks with devastating consequences for all concerned.

South Carolina: Where biting is attempted murder
In Fort Mill, a man who bit his neighbour in a fight had his charges upgraded from simple assault to assault and battery with attempt to kill once police learned of the man's HIV status, according to a report in The Herald.

Assault and battery with intent to kill is a felony that carries a prison sentence of up to 20 years upon conviction, Fort Mill Police Capt. Bryan Zachary said. “Upon review of the facts of the case,” Zachary said, the solicitor's office “confirmed because of the malicious intent involved that the charge of assault and battery with intent to kill was warranted.

And yet, according to local TV station WSOC the bite did not break the skin.

London: Policeman's unnecessary agony
There may be no attempted murder charges for biting under English law, but in Wimbledon, according to This is Local London, "a policeman bitten by an HIV-positive drug addict [during his arrest] faces an anxious wait to see whether he has contracted the virus."

And during his wait he will, according to the report, "need at least seven months of anti-viral medication." Yet Post Exposure Prophylaxis for HIV exposure lasts just 28 days and is not actually warranted for a bite.

Vermont: Where post-spit anxiety lasts a year
A policeman in Rutland faces totally unnecessary anxiety after being spit on by an HIV-positive man who had been trying to commit suicide.

The Times Argus reports:

A man diagnosed with the virus that causes AIDS is charged with a felony for spitting into the face of a Rutland police officer who must now undergo a year's worth of testing to discover whether he was infected with HIV. [...]

It was while doctors in the emergency room were treating [the man] that he allegedly cocked his head back and spit into the face, eyes and mouth of city police Sgt. David Schauwecker, who was trying to control [his] head, according to the affidavit. [The man], who was arrested more than a week later after his release from the hospital, has no prior criminal record.

But the charge he faces now is tantamount to a life-threatening assault, according to Rutland County Deputy State's Attorney Kathryn Smith. "The nature of this offense is extremely concerning," Smith said. "He knows he has a deadly disease and yet he exposed another human being to that disease. … This case before us is an actual act of violence."

"Everything in my life is basically put on hold for a year," said Schauwecker, who will be tested every three months to look for signs of HIV. "I went there that night trying to save someone and now I'm looking at a life sentence."

Today, the Rutland Herald ran a letter from AIDS NGO, Vermont Cares, entitled 'Clearing up HIV myths'. They wrote:

Enforcing the myth that HIV is spread through saliva... protects the health of no one. In fact, unfounded fears about HIV transmission and misunderstanding of risk can endanger people with HIV.

To be clear, the U.S. Centers for Disease Control and Prevention offers no demonstrated cases of saliva ever transmitting HIV. Transmittable HIV is present in four bodily fluids only: blood, semen, vaginal fluids, and breast milk.

Having someone spit in your eye or mouth is definitely frightening and may transmit other pathogens from influenza to tuberculosis. However, HIV is a highly unlikely risk in this instance.

Enforcing fear and misinformation about HIV, and promoting the belief that HIV testing is a variable enough science to postpone relationships and life, would be a terrible consequence of this incident. HIV testing, by CDC recommendations, is nearly 100 percent accurate at six or even three months.

Florida: Where attempted spitting is now a felony
In late July, Jacksonville police charged a 29 year-old HIV-positive man with aggravated assault with intent to commit a felony after he attempted to spit on a police officer following his arrest for shoplifting.

The arresting officer said that on the drive to jail, [the man] started coughing and trying to spit on the officer from the back seat of the patrol car in an "effort to transmit his HIV disease." The officer had to put a "spit mask" on [the man]'s face before taking him to jail.

The short piece on firstcoastnews.com included the man's name and photo. There are now seven pages of readers comments that range from the homo- and trans-phobic to pure HIV hatred. One reader even found and published the man's previous (minor) criminal record. I genuinely fear for the man's safety in- or out of jail.

Ireland: Judge concerned about police's lack of education of HIV transmission risks of biting and spitting
The Irish Times reports that a High Court Judge, Ms Justice Mary Irvine, recently brought in a medical expert to testify over the risk faced by police of occupational exposure to HIV and other blood-borne diseases "as a result of the high number of Garda [Irish police] compensation claims involving fear of transmission of such diseases coming before the court."

The judge awarded a policeman €8000 compensation after hearing testimony that "he had been “petrified” and suffered nightmares and sleeplessness after having been bitten during the arrest of a known drug user".

Colm Bergin, a consultant in infectious diseases, told the court that in 10 years’ practice he had never come across a case of transmission of HIV or Hepatitis C through saliva.

The court also heard that:

• the risk of contracting HIV or Hepatitis C from saliva can be as low as one in 100,000; and
• that transmission of such diseases through contact with blood was also negligible.

[The judge] had expressed concern as to how well [police] were educated about risks to members contracting saliva and blood transmitted diseases through bites, spittle or needle stick injuries. “Such attacks are happening on a daily basis and there are huge numbers of compensation cases coming before the court,” the judge said. She has asked for reports on the risks involved and what is being done to reassure [police] injured in assaults as to the low level of risk.

Ireland: Court agrees 'HIV' spit was provocation to kill

Brendan O'Connor, 25, who killed 50 year-old father of four Edward Clancy, "by stamping on his head with his full body weight" did so because he spat at him and he thought the man was HIV-positive.

His plea of manslaughter was accepted by Ireland's Office of the Director of Public Prosecutions (DPP) "on the grounds that the spitting... constituted provocation."

The case, an egregious example of institutionalised HIV stigma reported in today's Irish Times, has got me spitting mad!

Deirdre Murphy, prosecuting, said the men exchanged words outside a pub in the town in the early hours of that day. Mr Clancy spat at O’Connor before crossing the road and moving away.

Det Sgt Fergal Patwell quoted from witness statements that O’Connor caught up with Mr Clancy and grabbed him.

“Brendan O’Connor began punching Edward Joseph Clancy, knocked him to the ground and stamped on his head,” he said. He said there was no evidence that Mr Clancy resisted.

Ms Murphy said a postmortem found the base of Mr Clancy’s skull was completely fractured and there was extensive bruising to his head and face.

She said the pathologist described it as a targeted attack to the head, and Mr Clancy was pronounced dead at Tralee hospital within an hour.

Det Sgt Patwell also told the court:

it was widely believed Mr Clancy had HIV and that gardaí [police] took precautions when dealing with him. “It appears there was no fact to it,” he added.

O'Connor's lawyer said that:

his client deeply regretted the killing and expressed genuine remorse. He said HIV could be transmitted by spitting. “In my submission, the provocation was sufficient to cause this particularly violent reaction,” he said.

Until we remove the widespread ignorance about how HIV is transmitted (and it is NOT transmitted via spit or saliva) and the institutionalised HIV stigma across the entire criminal justice system, people actually living with HIV don't have a chance in hell of justice in court.