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Judge likely to dismiss West Nile lawsuit



BOISE  (AP) — A 4th District Court judge in Idaho says he’ll likely dismiss a lawsuit filed by a man who says local officials should have warned him about West Nile virus.

Ada County resident Jerry Hayes says he was bitten by a mosquito in July 2006 and contracted the disease, which that year contributed to the deaths of at least 14 people in Idaho and sickened nearly 900.

Hayes sued, saying county and state warnings about West Nile virus — and the need to see a doctor quickly after a bite — came too late.

Still, Ada County officials say they issued warnings about the disease starting in mid-June, a full month before Hayes contracted the illness.

What’s more, a judge in Boise says Hayes didn’t file his claim within the required 180-day period, missing the statute of limitations.




Comment Blog - Note: All Comments Subject To Approval

Amy wrote on Nov 23, 2008 10:16 PM:

" I don't think he's blaming the state for the mosquito biting him, he's trying to get them to make the information more available and he's trying to help others to understand the seriousness of the illness. I have West Nile, and I also got it in 2006 along with over 1000 others (factcheck CDC). Most people I know still don't know anything about it. So if the information is so readily available, then why do most people not even know about it?
And why and how did we all get sick with West Nile, with so much "information"? I don't remember seeing anything but a small blurb about West Nile that year on the news. I don't spend my time glued to the media, nor do I spend time seeking out pamphlets from local health departments...
It's easy for others to say "take responsibility for yourself", when they don't have the virus.
I agree with him. I don't think enough was done. I think it's kind of fishy that in 2006 Idaho managed to get more cases of West Nile than all of the other states put together. I don't think it's a matter of lack of information, I think the state didn't take it seriously and didn't prepare for it. Other states did, their numbers of cases were low.
I know that we can all debate over the use of sprays for mosquitoes. Actually, before getting sick with West Nile, I was against spraying, but after having my life turned upside down and my health deteriorate (at 33) I don't think the county sprayed and I think they should be held accountable for not taking enough precautions on behalf of residents. (for the record, I was wearing mosquito repellent when I got bit...)
People died. People ended up paralyzed, some people are going to be disabled forever. So before you go mouthing off at someone's unfortunate circumstances, I think you should educate yourself first.
And by suing the county, he is taking responsibility for himself. Instead of sitting around, complaining and doing nothing, he's out there making his voice heard. I hope he doesn't give up.

And, yes....the CDC is a big bearer of misinformation regarding West Nile Virus. I have written (along with others from our WNV support group200+) to the CDC asking them to update the information so that people take this more seriously. We all get nice automated responses... go CDC. Way to be supportive. "

Legal Lackie wrote on Nov 14, 2008 9:27 PM:

" suing wont fix his enormous stupidity, frivolous litigation. How about you sue your mom for not warning you that your life was going to suck. You have a 12 month statute of limitations so pull that bottle out of your mouth, cry foul. Not discrediting the sadness of the deaths but rather showing distain for those who actually feed the mouths of lawyers seeking "cases" like the mosquito bite caper. "

Dave Moskowitz MD FACP wrote on Nov 14, 2008 8:27 AM:

" Idaho's ridiculous 6 month statute of limitations has defeated yet another resident seeking redress. But I hope Mr. Hayes will sue the Centers for Disease Control in federal court, since the CDC has known about, and suppressed, our published treatment for West Nile virus encephalitis since 2003. The statute of limitations in federal court for negligent manslaughter is longer than 6 months. Since there were thousands of people affected, I think Mr. Hayes has a good chance of a large, nation-wide class-action suit. FEMA isn't our only criminally incompetent federal agency. "


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