Martin Gaffney
Encyclopedia
Martin Francis Gaffney was an American
man who successfully sued the United States Government for causing the death of his wife Mutsuko Gaffney, one son, and eventually himself by infecting them with HIV
after Mutsuko got a blood transfusion
at a Naval Hospital in 1981.
United States in 1949. He enlisted in the United States Marine Corps
in 1975 in Lowell, MA and would eventually rise to the rank of Chief Warrant Officer 4th rank.
In 1978 on the Japanese island of Okinawa
, Martin met Mutsuko Kuniyoshi. In late 1980 Mutsuko became pregnant with the couple's first child. On March 7, 1981 she and Martin married.
Years later it was discovered that one of the blood donors had been discharged from the United States Navy
for homosexual activity. The other donor tested negative for HIV. At the time of Mutsuko Gaffney's transfusion, there weren't any blood screening tests for the virus. It was also learned the donors had donated blood the day before Mutsuko Gaffney's caesarian section was performed. It is highly probable she wouldn't have become infected with HIV if Navy doctors had treated her and the unborn child she was carrying in a more timely manner.
John Gaffney died at the age of thirteen months in August 1986. Mutsuko Gaffney died of AIDS on May 31, 1987.
Maureene Gaffney was tested for HIV but the results were negative.
Martin Gaffney tested positive for HIV but showed no symptoms yet when he filed a medical malpractice
lawsuit against the federal government in 1988. In April 1989 a federal court ruled in Martin Gaffney's favor. U.S. District Judge Rya Zobel
stating "infection with a communicable disease was a foreseeable consequence of administering blood to a patient even in 1981."
Martin Gaffney was awarded 3.8 million dollars by a jury but the Federal government was initially slow in paying the judgment. By 1991 Martin Gaffney had come down with lymphoma
. On October 10, 1991 the Federal government decided not to appeal the judgment. Less than a month later, Martin Gaffney died in a Boston Massachusetts hospital.
After the death of her father, Maureene Gaffney went to live with her father's brother.
, like Mutsuko Gaffney, got infected via a tainted blood transfusion and had a child contract HIV from his mother in utero.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
man who successfully sued the United States Government for causing the death of his wife Mutsuko Gaffney, one son, and eventually himself by infecting them with HIV
HIV
Human immunodeficiency virus is a lentivirus that causes acquired immunodeficiency syndrome , a condition in humans in which progressive failure of the immune system allows life-threatening opportunistic infections and cancers to thrive...
after Mutsuko got a blood transfusion
Blood transfusion
Blood transfusion is the process of receiving blood products into one's circulation intravenously. Transfusions are used in a variety of medical conditions to replace lost components of the blood...
at a Naval Hospital in 1981.
Background
Martin Gaffney was born in MassachusettsMassachusetts
The Commonwealth of Massachusetts is a state in the New England region of the northeastern United States of America. It is bordered by Rhode Island and Connecticut to the south, New York to the west, and Vermont and New Hampshire to the north; at its east lies the Atlantic Ocean. As of the 2010...
United States in 1949. He enlisted in the United States Marine Corps
United States Marine Corps
The United States Marine Corps is a branch of the United States Armed Forces responsible for providing power projection from the sea, using the mobility of the United States Navy to deliver combined-arms task forces rapidly. It is one of seven uniformed services of the United States...
in 1975 in Lowell, MA and would eventually rise to the rank of Chief Warrant Officer 4th rank.
In 1978 on the Japanese island of Okinawa
Okinawa Island
Okinawa Island is the largest of the Okinawa Islands and the Ryukyu Islands of Japan, and is home to Naha, the capital of Okinawa Prefecture. The island has an area of...
, Martin met Mutsuko Kuniyoshi. In late 1980 Mutsuko became pregnant with the couple's first child. On March 7, 1981 she and Martin married.
Stillbirth of son and Wife's infection with AIDS
It was in September 1981 that Mutsuko Gaffney went to Long Beach Naval Hospital. In spite of her saying she felt labor pains, medical personnel sent the mother home on several different occasions over a span of 5+ weeks. On or around the 6th week past Mutsko's due date, she returned to the hospital. It was during testing that it was discovered the baby Mutsuko was carrying no longer had a heartbeat. Naval doctors performed a caesarian section but it was too late for the baby boy Mutsuko was carrying. As a result of the operation, Mutsuko was given a transfusion of two units of blood.Years later it was discovered that one of the blood donors had been discharged from the United States Navy
United States Navy
The United States Navy is the naval warfare service branch of the United States Armed Forces and one of the seven uniformed services of the United States. The U.S. Navy is the largest in the world; its battle fleet tonnage is greater than that of the next 13 largest navies combined. The U.S...
for homosexual activity. The other donor tested negative for HIV. At the time of Mutsuko Gaffney's transfusion, there weren't any blood screening tests for the virus. It was also learned the donors had donated blood the day before Mutsuko Gaffney's caesarian section was performed. It is highly probable she wouldn't have become infected with HIV if Navy doctors had treated her and the unborn child she was carrying in a more timely manner.
AIDS diagnosis and Federal lawsuit
In 1983 and 1985 Mutsuko Gaffney gave birth again. First to a daughter named Maureene and then a son named John. John was a sickly child and tests were done to find out why. It was discovered John had AIDS, and had gotten it from his mother who also tested positive for acquired immune deficiency syndrome. Mr. Gaffney recalled the reaction of his wife, to the news she had AIDS. Mutsuko turned to the doctor and asked for enough sleeping pills to commit suicide, he said.John Gaffney died at the age of thirteen months in August 1986. Mutsuko Gaffney died of AIDS on May 31, 1987.
Maureene Gaffney was tested for HIV but the results were negative.
Martin Gaffney tested positive for HIV but showed no symptoms yet when he filed a medical malpractice
Medical malpractice
Medical malpractice is professional negligence by act or omission by a health care provider in which the treatment provided falls below the accepted standard of practice in the medical community and causes injury or death to the patient, with most cases involving medical error. Standards and...
lawsuit against the federal government in 1988. In April 1989 a federal court ruled in Martin Gaffney's favor. U.S. District Judge Rya Zobel
Rya Weickert Zobel
Rya Weickert Zobel is a United States federal judge.Born in Zwickau, Germany, Zobel received an A.B. from Radcliffe College in 1953 and an LL.B. from Harvard Law School in 1956. She was a law clerk to George C. Sweeney, Chief Judge of the U.S. District Court, District of Massachusetts from 1956 to...
stating "infection with a communicable disease was a foreseeable consequence of administering blood to a patient even in 1981."
Martin Gaffney was awarded 3.8 million dollars by a jury but the Federal government was initially slow in paying the judgment. By 1991 Martin Gaffney had come down with lymphoma
Lymphoma
Lymphoma is a cancer in the lymphatic cells of the immune system. Typically, lymphomas present as a solid tumor of lymphoid cells. Treatment might involve chemotherapy and in some cases radiotherapy and/or bone marrow transplantation, and can be curable depending on the histology, type, and stage...
. On October 10, 1991 the Federal government decided not to appeal the judgment. Less than a month later, Martin Gaffney died in a Boston Massachusetts hospital.
After the death of her father, Maureene Gaffney went to live with her father's brother.
See also
Elizabeth GlaserElizabeth Glaser
Elizabeth Glaser, born Elizabeth Meyer, , was a major American AIDS activist and child advocate married to actor and director Paul Michael Glaser. She contracted HIV very early in the modern AIDS epidemic after receiving an HIV-contaminated blood transfusion in 1981 while giving birth...
, like Mutsuko Gaffney, got infected via a tainted blood transfusion and had a child contract HIV from his mother in utero.