Judge likely to dismiss West Nile lawsuit
Thursday, November 13, 2008 12:05 PM PST
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.
Amy wrote on Nov 23, 2008 10:16 PM:
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. "