Are You Positive?

by Stephen Davis

  “In 1999, the Centers for Disease Control and Prevention sent a blood sample they had already ‘confirmed’ as HIV positive to 525 different laboratories, and they asked whether each lab found these five specific proteins when they processed the test. The difference in the results is dramatic. For example, out of the 525 labs, 468 found that gp160 reacted with the person’s blood, but 57 did not. And look at gp120 and gp41. In both cases, more labs did not find these proteins than ones that did. Now, according to the CDC, all five of these proteins should have reacted on the test. But the results were far different than expected.”

  “There doesn’t seem to be any consistency at all in these test results.”

  “Virtually none, you’re right. But what really got to me were two other scientific studies I discovered. One involved three references labs, just like mine, that had very similar, completely divergent results and was published by the Transfusion Safety Study Group in 1991 in the American Journal of Clinical Pathology. Another was a U.S. military study of 1.2 million applicants done by a Dr. Burke. There were 80 people in that group that had two Positive ELISA tests and a Positive Western Blot test, which meant that they were deemed to be HIV-Positive. However, on a follow-up Western Blot, those eighty people suddenly were Negative!”

  “I didn’t know that the Western Blot was done more than once.”

  “Normally it isn’t, and that’s a big problem. The only reason these eighty people were spared an HIV-Positive diagnosis, and the shame and pain and death sentence that goes along with it, was that they happen to be involved in a study and were being re-tested periodically. Otherwise, they would have gone through life thinking they were going to get AIDS and die. And it’s the same story for everyone as far as I can tell. One day you might be confirmed Positive on a Western Blot, the next day Indeterminate, and the next even Negative, depending on what day it is, which lab is doing the processing, and how the results are being interpreted by your doctor. That’s no way to diagnose a deadly disease!”

  “Is that why you quit?”

  “Yes. I read too many scientific studies that called the HIV Western Blot test into question, with no satisfactory answers. I also met too many people who had tested Positive once, Indeterminate once, Negative once, and then maybe even Positive again to have any faith whatsoever in the accuracy of these tests. I simply couldn’t stand the thought of being part of such shoddy science when it involved the life or death of another human being.”

  It’s clear to Campbell that Tillman is just a bit too emotional, and he wants to calm things down if he can. He also wants to get the most important question out in the open now, while the jury is with him. “Dr. Tillman, in your expert opinion, what are the chances of the defendant’s positive Western Blot test result being accurate?”

  “Mr. Campbell, I really can’t answer that question. It may well have been accurate, depending on the lab, and the day it was processed. But unfortunately, there’s no way to tell without doing additional tests and making some comparisons.”

  What a perfect segue! Campbell goes to his table and picks up a brown manila envelope, but he doesn’t open it. “Dr. Tillman, we sent the defendant’s blood to ten different laboratories…”

  “Objection!” Armand is caught by surprise, and he doesn’t like it. “When did this happen? Why was I not informed of this?”

  Campbell suppresses a smile. “I have just received the last results back today, Your Honor. I didn’t know I needed Mr. Armand’s permission to test my client’s blood – only my client’s permission.”

  “But you damn well need my permission to introduce it as evidence into this trial at this point, and you know it.” Armand is steaming.

  The judge bangs his gavel to shut both of them up. “Mr. Campbell, has this been entered as an exhibit?”

  “No, Your Honor. As I said, I just got it back this morning.”

  “Then I assume you are making a motion to enter it as evidence?”

  “Yes, Your Honor, if it pleases the court.”

  “Approach….” The judge motions the attorneys to the sidebar. “Mr. Campbell, this smells a little fishy. Can I see the envelope, please?”

  Campbell hands the judge the manila folder, who opens it and pulls out ten white envelopes. He carefully looks through all the envelopes and then stops at the one he was looking for.

  “This one is postmarked two days ago.”

  “Yes, Your Honor. That’s the one that just arrived in the mail today.”

  “But what about the other nine?”

  “They’ve trickled in over the last week.”

  “But you decided to hold on to them until you could spring this little surprise on Mr. Armand?” The judge didn’t like theatrics in his courtroom.

  “No, Your Honor. I decided to hold on to them until I have received all of them back – which was today.”

  The judge gives Campbell a long look, still not sure whether he’s being manipulated or not. “Mr. Armand, what are your arguments against introducing these as evidence at this time?”

  Armand is totally unprepared and not sure what to say. “Well, Your Honor, for one thing, I haven’t seen these yet… haven’t been able to examine them, or study them, or prepare a cross-examination on them.”

  “Your Honor,” interrupts Campbell, “I would be happy to let Mr. Armand call this witness back for cross-examination tomorrow, after he’s had a chance to look these over carefully tonight. The witness has not had a chance to see these yet, either. So may I suggest a brief recess so that we can all have a chance to study them. I have copies for both of you….”

  Campbell hands Armand and the judge each an identical manila envelope, which the judge simply lays on his desk as he turns to address the Solicitor. “Mr. Armand, there have been some important questions raised by this witness, and I think the jury should know how they might, or might not, apply to this defendant. After all, we don’t know yet what the results are from these tests. They might even confirm the defendant’s Positive diagnosis. We won’t know until we look.” Armand knows what’s coming but doesn’t know what to do about it. He slowly walks back to his table when the judge dismisses them from the sidebar, announcing to the whole court, “We’ll take a half-hour recess and come back at three-thirty.”