On October 12, 2006, a state appeals court threw out a jury award of $350,000. A Chicago man had attempted to recover claimed damages for being incorrectly diagnosed as HIV positive. The original jury award was for $350,000. In a possible precedent setting case in Illinois, the 1st District Appellate Court in Chicago decided in a 2-1 questioned whether the plaintiff could collect damages in this type of case, where the misdiagnoses did not cause physical injury. The initial claim of damages was for emotional injury caused by the incorrect diagnosis.
The court also determined that there were other issues that occurred in the initial trial in 2003 which were grounds for the defendent to have a new trial.
The plaintiff plans to appeal the decision to the Illinois Supreme Court.