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Case Name: BRAGDON v. ABBOTT
Date, Location, Cite: 1998 NY
524 U.S. 624, 118 S.Ct. 2196
US SUPREME COURT
Abbott is HIV+, went to Bragdon for routine Dental work. He told her she needed a
cavity filled, but that he didn't do HIV+ cavities in his office, only in the OR, but he
charged the same. She would have to pay the hospital, however. She sued under the ADA
based on discrimination against persons with disabilities. District Court granted her
summary judgment, 1st Circuit agreed, saying both the CDC and the American Dental
Association said HIV+ patients could safely be treated in the office.
Supreme Ct said HIV+ clearly falls under ADA law, but that public safety part is based on
Nassau v. Arline (q.v.) and that the
lower Courts had not adequately determined the impact on public safety as a matter of Law.
It reversed and remanded the case to get further debate on that issue.