An Arlington Heights doctor who refused to care for a maninfected with the virus that causes AIDS was ordered by a federalcourt Tuesday to begin treating him.
Legal experts said the ruling by U.S. District Judge William T.Hart was believed to be the first time that a physician in theChicago area had been ordered to treat an HIV-positive patient.
Such court orders have been issued elsewhere in the country.
The case involved Rodney Trovinger, a 43-year-old Los Angelesresident who has chronic hepatitis B, a disease of the liver that canbe fatal. Last month he went to see William Mauer, a doctor ofosteopathic medicine in Arlington Heights, who is one of the few U.S.physicians to administer a special blood cleansing treatment thatTrovinger hoped could save his life.
At his appointment, Trovinger said, he told Mauer that he wasHIV-positive. At that point, Trovinger alleged, Mauer said he wouldnot be able to provide treatment because "his staff would be souneasy if he treated me."
Trovinger, who is gay, claimed that a few days later Mauercalled Trovinger's mother - who knew nothing of his being gay or ofhis HIV status - and told her that her son was HIV-positive.
Hart found that Mauer's actions violated the Americans withDisabilities Act. After the ruling, Mauer said he would not appealand agreed to provide treatment within 48 hours.
"I hope it will save my life," Trovinger said. "Otherwise, itis only a matter of weeks. . . . All that is important to me isgetting well."
Trovinger said his battle to get treatment cost him at least$15,000 in lost pay and living expenses while staying in the Chicagoarea and waiting for the matter to get to court. "We have won, butnot without a price," he said.
He spent a week in Northwestern Memorial Hospital, where he wastaken after collapsing from complications related to the hepatitis.
Robert Moon, Trovinger's companion, said stress related to thetreatment delay - and the fact that Trovinger's mother allegedlyfound out from Mauer about the HIV problem - aggravated thehepatitis.
"Nothing could have been more painful than to be `outed' by hisown doctor," Moon said. "It was an emotional devastation."
Mauer said his intention in refusing treatment was not todiscriminate but to protect himself from a potential lawsuit if thetreatment - which Mauer acknowledged was unproven - failed.
"I've never treated an AIDS case before," Mauer said."But I'vebeen in practice long enough to know better. Long enough to knowthat there are 800,000 lawyers and 600,000 doctors."
Mauer's lawyer, Edward M. Rothschild, said his client wasunprepared to handle a patient with the human immunodeficiency virus. "It's like someone going to a lawyer who handles wills and realestate and asking him to represent them for a triple murder,"Rothschild explained. Trovinger's attorney disagreed. "It's my opinion that his defensescreams of AIDS phobia," said James Schwartz. "When called to taskhe (Mauer) seems to have quickly changed his tune."
Susan J. Curry, executive director of the AIDS Legal Council ofChicago, said her organization has counted more than 800 AIDS- orHIV-related discrimination cases a year in this area - many involvingphysicians.
Typically, she said, the cases are settled out of court ordoctors change their minds about treatment as soon as they learn thatit is illegal to discriminate against someone with HIV.
Tuesday's decision underscored that prohibition.
Benjamin Schatz, executive director of San Francisco-basedAmerican Association of Physicians for Human Rights, said physicianshave the legal right to deny treatment to patients who can't affordto pay. But the Americans with Disabilities Act protects patientslike Trovinger, Schatz said.
"It's clearly illegal to deny someone (with AIDS)," Schatz said."But it's appalling how common it is for our physicians to stopcaring for HIV patients."
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