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Many of you have probably heard about the recent story of a man with XDR Tuberculosis, getting on a jet plane and flying to Europe knowing that he could potentially spread this horrible disease to others. He then traveled back across the border into the United States in a car. He has subsequently become the first person in 40 years to be the subject of a Federal Quarantine.
What makes this story unique at least to me is that Andrew Speaker is a Personal Injury Lawyer. He should have known better. Click here to visit his law firm website.
There are two main issues to this story. The main issue is the potential risk of harm that Attorney Speaker could have caused to others by his willful and wanton disregard for others including his new wife; the second issue is the personal tragedy of a man infected with this horrible disease. This opinion editorial will concentrate on the potential risk of harm that Attorney Speaker could have caused to others, and his potential legal liability.
I first ask this question; what would an ordinary prudent person do if they were just diagnosed with XDR Tuberculosis? I venture to guess that an ordinary prudent person under the circumstances would seek out medical treatment, and do everything they could to get better. Most people would probably get a second or third opinion from doctors, and follow their doctor’s advice to a tee. They certainly would not get on a jet plane, travel in close quarters with others to Europe, and go get married. I wonder if he kissed his new bride during the marriage.
The second question that really bothers me is what would a learned personal injury lawyer knowing the law, do under similar circumstances? Probably not what Attorney Speaker did!
My personal opinion is that it was not only extremely selfish for Attorney Speaker to travel knowing that he has such a vile disease, but what is even worse is that he could have spread the disease to his new wife, his family, untold hundreds, or even thousands of people at the airport, etc.
From a civil legal standpoint based upon California Law, Andrew Speaker could be potentially held liable for the civil tort such as Negligence. Negligence in a nutshell is duty, breach, causation, and damages.
In the Andrew Speaker case, if a person were to contract the same strain of XDR Tuberculosis that Speaker has, and they happened to be on the same plane or in the general proximity of Speaker at the time of contracting the disease, they could sue Andrew Speaker at the minimum for negligence. This would be a case that I myself would take!
It just so happens that Andrew Speaker is a Personal Injury Lawyer like me. I am not a Medical Doctor, I am a Juris Doctor, I do not claim to know what Speaker was told by his doctors. I feel that Speaker has damaged the reputation of good personal injury lawyers by his conduct. Speaker could have been from any profession, but in this case his is an Officer of the Court like me. What was this man thinking globetrotting around the world with XDR Tuberculosis?
I hope that the general public does not look down on Personal Injury Lawyers in whole, just because of one guy who did a very stupid thing. You cannot judge an entire profession by one or two bad apples.
With this being said, I hope to God that Speaker did not spread this vile disease to anyone during his cavalier travels.
By Norman Gregory Fernandez, Esq., © 2007
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