Plastic Surgeon Discriminated Against Woman With HIV: Feds

HINSDALE, IL — A plastic surgery clinic in Hinsdale that discriminated against a woman with HIV settled with federal prosecutors Tuesday, according to a news release from the U.S. Attorney's Office. Prosecutors said a plastic surgeon at Midwest Plastic Surgery refused to perform a breast reduction surgery for a 47-year-old woman because of her HIV status.

The patient had been living with HIV for more than a quarter century, but this was the first time she had been refused medical treatment because of the virus, the news release said. The U.S. Attorney's Office said its investigation revealed that Midwest's actions were not consistent with current medical knowledge. Under the Americans with Disabilities Act, denying people service because of their HIV status is unlawful.

Under the settlement, Midwest must pay $25,000 to the victim of discrimination. It also must train its employees on ADA requirements, implement an anti-discrimination policy and report to the U.S. Attorney's Office every time a person is not accepted as a patient, with a written justification for the decision. In return, prosecutors waived the civil fine in recognition of the remorse expressed by the plastic surgeon for his misconduct, the news release said.

This settlement is the second HIV-related discrimination case the U.S. Attorney’s Office has resolved in recent months. In December 2019, the office reached a settlement with Downers Grove Tattoo Co., which had unlawfully refused to give a customer a tattoo because she was HIV-positive, prosecutors said. Under the terms of that settlement agreement, the company paid $10,000 to the victim for violating the ADA. In addition, the business was required to train its employees about ADA and implement an anti-discrimination policy.

“Physicians, tattoo artists, and others should understand that individuals seeking medical treatment or other physical care should not be excluded based on HIV,” U.S. Attorney John Lausch said in a statement. “These settlements should send a clear message that individuals living with HIV are entitled to the same services as everyone else.”

The ADA was signed into law 30 years ago this week.

The person answering the phone at Midwest declined to comment Tuesday.