AIDS Patient Files Suit Against Doctors

An AIDS patient, who says he went blind in his left eye because two Blue Cross ophthalmologists refused to examine him, has filed a medical malpractice suit against the doctors.

Thomas Swann, 39, of Port Hueneme brought the professional negligence suit against doctors Manuel Marquez and Peter G. Weiner, both of Buenaventura Medical Group.

Swann claims the doctors discriminated against him because he has AIDS and, therefore, did not appropriately treat him even in the presence of signs and symptoms of optic problems.

The suit filed March 27 seeks not only the maximum amount for pain and suffering damages of $250,000, but will also seek reimbursement of lost wages--potentially bringing the suit up to nearly $1 million, Swann said.

“We’re doing something unique asking for lost wages,” Swann said. “We’re contending that I could return to work had the doctors not committed medical malpractice. This has not happened before, because until recently AIDS was considered a terminal illness and you couldn’t go back to work.”

Swann said he has been using protease inhibitors to combat the AIDS virus since July and it is now virtually undetectable. He said he would be able to return to his $52,000-a-year position in the comptroller’s office at the Point Mugu Navy base had he not gone blind in his left eye.

“I can’t respond to the specific allegations of the case, but I can certainly say that over the 14 years I’ve been taking care of HIV and AIDS patients through my affiliation with Buenaventura Medical Group, and before that with Buenaventura Medical Center, I have provided comprehensive and quality care,” Marquez said, adding that he is co-chairman of the Ventura County HIV prevention planning group and has been asked to speak on behalf of AIDS Care, a local advocacy group for people affected by HIV.

Weiner could not be reached for comment.