Conner

FACTS AND PROCEDURAL BACKGROUND

Plaintiff was admitted to defendant Cedars-Sinai Medical Center (Cedars) on November 30, 2007 after feeling discomfort and some dizziness. While there, plaintiff was attended to by Dr. Shahriar Ghodshian (Dr. Ghodshian) and infectious disease specialist Dr. Vivian Shirvani (Dr. Shirvani). On December 1, 2007, plaintiff “consented,” in writing, “to be tested to see whether [he] ha[s] been infected with the Human Immunodeficiency Virus (HIV) . . .” A test for HIV antibodies came back negative. A few days later, on December 4, 2007, a second test for the HIV virus (called an HIV PCR test) was conducted by Cedar’s on-site laboratory. Plaintiff was discharged from Cedars on December 8, 2007. Three days later, the lab completed the test and “broadcast[] [the positive] test results to [plaintiff’s] attending, treating and consulting doctors and physicians.” Dr. Shirvani never relayed those results to plaintiff. It was not until plaintiff returned to Cedars nearly three years later, in August 2010, that he learned of the positive HIV PCR test result. Plaintiff sued Cedars, Dr. Ghodshian, Dr. Shirvani and others. In the operative First Amended Complaint…