Kerins

Introduction

In a lawsuit filed against defendants and respondents, James S. Gordon, M.D., and his partners in medical practice, Marki J. Knox, M.D., Karen Blanchard, M.D., and Associates, Inc., and the Women’s Medical Group of Santa Monica, a California general partnership, plaintiff and appellant, Jean R. Kerins, sought general and punitive damages, including health care expenses, lost past and future earnings, and compensation for severe mental anguish and emotional distress, which she allegedly suffered upon discovering that Dr. Gordon performed surgery upon her to remove a large uterine fibroid tumor at a time when he was infected with human immunodeficiency virus (HIV). Ms. Kerins appealed from the trial court’s order granting summary judgment in favor of respondents, who now include the special administratrix of the estate of James Gordon, substituted as a party defendant and respondent following Dr. Gordon’s death due to acquired immune deficiency syndrome (AIDS) on July 11, 1990.

This court reversed the judgment. Without the benefit of the Supreme Court’s decision in Potter v. Firestone Tire & Rubber Co. (1993) 6 Cal.4th 965 [ 25 Cal.Rptr.2d 550 , 863 P.2d 795…