## Facts

- Northwestern University operated a dental clinic where dental students provided patient treatment.
- Six patients received dental services at the clinic in 1990–1991.
- Northwestern later learned that a dental student who had treated patients at the clinic tested positive for HIV and sent affected patients a letter stating the likelihood of infection was “extremely low,” but recommending HIV testing and offering free testing.
- The letter did not identify the student, and plaintiffs alleged the nonidentification increased their fear that multiple students might be infected.
- Plaintiffs later identified and sued the student (as “John Noe”) and alleged he performed procedures involving close oral contact and occasional bleeding.
- Plaintiffs conceded none of them tested positive for HIV; they sought damages for physical distress and emotional suffering based on fear of infection.
- Plaintiffs asserted claims including fraud, breach of fiduciary duty, intentional infliction of emotional distress, breach of contract, and malpractice/negligence, generally alleging defendants allowed treatment to continue and then caused distress through the notification.
- Defendants moved to dismiss under Illinois pleading and affirmative-matter provisions; the trial court dismissed with prejudice.

## Issues

1. Whether plaintiffs may recover for emotional distress based on fear of contracting HIV without alleging actual exposure to HIV or actual infection.
2. Whether claims sounding in negligence/malpractice, fraud, breach of fiduciary duty, or intentional infliction of emotional distress are legally sufficient when damages are based only on speculative fear arising from a provider’s notification.

## Decision

- The appellate court affirmed dismissal with prejudice.
- The court held that fear-of-HIV emotional distress damages require allegations of actual exposure to HIV, not merely treatment by an HIV-positive provider and a theoretical possibility of transmission.
- Because plaintiffs alleged no actual exposure and conceded no infection, they failed to plead legally cognizable injury/damages under any asserted theory.
- The notification letter and recommendation of testing were not “extreme and outrageous” conduct sufficient to support intentional infliction of emotional distress.

## Legal Principles

- In Illinois, claims seeking emotional distress damages for fear of contracting HIV require pleaded facts showing actual exposure to HIV in a medically meaningful way (or infection); speculative fear is not actionable.
- Negligence/malpractice claims require injury proximately caused by breach; fear alone, absent actual exposure or infection, does not satisfy the damages element.
- Fraud and fiduciary-duty theories still require actionable damages; a fiduciary or provider relationship does not eliminate the need to allege non-speculative injury.
- Intentional infliction of emotional distress requires extreme and outrageous conduct and severe distress; responsible risk notification and testing recommendations, without actual exposure, do not meet this standard.

## Conclusion

The court rejected recovery for “HIV-fear” damages where patients alleged anxiety after learning a treating dental student was HIV-positive but did not allege actual exposure or infection, concluding that speculative risk and resulting distress do not constitute compensable injury under Illinois law.


Doe v. Northwestern Univ., 682 N.E.2d 145 (Ill. App. Ct. 1st Dist. 1997)