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Martin Francis Gaffney (January 17, 1949 – November 1, 1991) was an American Marine who successfully sued the United States government on behalf of his wife's estate for causing the death of his wife Mutsuko Gaffney, one son, and eventually himself by infecting them with
HIV The human immunodeficiency viruses (HIV) are two species of ''Lentivirus'' (a subgroup of retrovirus) that infect humans. Over time, they cause acquired immunodeficiency syndrome (AIDS), a condition in which progressive failure of the immune ...
after Mutsuko got a
blood transfusion Blood transfusion is the process of transferring blood products into a person's circulation intravenously. Transfusions are used for various medical conditions to replace lost components of the blood. Early transfusions used whole blood, but mo ...
at a Naval Hospital in 1981.


Background

Martin Gaffney was born in
Massachusetts Massachusetts (Massachusett language, Massachusett: ''Muhsachuweesut assachusett writing systems, məhswatʃəwiːsət'' English: , ), officially the Commonwealth of Massachusetts, is the most populous U.S. state, state in the New England ...
United States in 1949. He enlisted in the
United States Marine Corps The United States Marine Corps (USMC), also referred to as the United States Marines, is the maritime land force service branch of the United States Armed Forces responsible for conducting expeditionary and amphibious operations through combi ...
in 1975 in Lowell, Massachusetts and would eventually rise to the rank of
Chief Warrant Officer Chief warrant officer is a military rank used by the United States Armed Forces, the Canadian Armed Forces, the Pakistan Air Force, the Israel Defense Forces, the South African National Defence Force, the Lebanese Armed Forces and, since 2012, th ...
(CWO4). In 1978 on the Japanese island of
Okinawa is a prefecture of Japan. Okinawa Prefecture is the southernmost and westernmost prefecture of Japan, has a population of 1,457,162 (as of 2 February 2020) and a geographic area of 2,281 km2 (880 sq mi). Naha is the capital and largest city ...
, Martin met Mutsuko Kuniyoshi. In late 1980 Mutsuko became pregnant with the couple's first child. On March 7, 1981 she and Martin married.


Stillbirth of son and wife's infection with HIV

It was in September 1981 that Mutsuko Gaffney went to Long Beach Naval Hospital. In spite of her saying she felt labor pains, medical personnel sent the mother home on several occasions over a span of five weeks. Six weeks after Mutsuko's due date, she returned to the hospital. It was during tests that it was discovered the baby Mutsuko was carrying no longer had a heartbeat, and naval doctors performed an emergency
caesarean section Caesarean section, also known as C-section or caesarean delivery, is the surgical procedure by which one or more babies are delivered through an incision in the mother's abdomen, often performed because vaginal delivery would put the baby or mo ...
but it was too late for the boy Mutsuko was carrying, who weighed 12 pounds. As a result of the operation, Mutsuko was given a transfusion of two units of blood. Years later it was discovered that one of the blood donors had been discharged from the
United States Navy The United States Navy (USN) is the maritime service branch of the United States Armed Forces and one of the eight uniformed services of the United States. It is the largest and most powerful navy in the world, with the estimated tonnage ...
for homosexual activity. The other donor tested negative for HIV. At the time of Mutsuko Gaffney's transfusion, there were no blood screening tests for the virus. It was also discovered that the donors had donated blood the day before Mutsuko Gaffney's caesarean section was performed. It is possible that she would not have been infected with HIV if Navy doctors had treated her and the unborn child she was carrying in a timely manner.


AIDS diagnosis and federal lawsuit

In 1983 and 1985 Mutsuko Gaffney gave birth again - first to a daughter named Maureene and then a son named John. John was a sickly child and tests were done to find out why. It was discovered John had HIV, and had gotten it from his mother who also tested positive for the disease. Mr. Gaffney recalled the reaction of his wife, to the news she had AIDS: Mutsuko turned to the doctor and asked for enough sleeping pills to commit suicide, he said. John Gaffney died at the age of thirteen months in August 1986. Mutsuko Gaffney died of AIDS on May 31, 1987. Maureene Gaffney was tested for HIV but the results were negative. Martin Gaffney tested positive for HIV but showed no symptoms yet when he filed a
medical malpractice Medical malpractice is a legal cause of action that occurs when a medical or health care professional, through a negligent act or omission, deviates from standards in their profession, thereby causing injury or death to a patient. The negligen ...
lawsuit against the federal government in 1988. In April 1989 a federal court ruled in Martin Gaffney's favor. U.S. District Judge Rya Zobel stating "infection with a communicable disease was a foreseeable consequence of administering blood to a patient even in 1981." Martin Gaffney was awarded $3.8 million by a jury but the Federal government was initially slow in paying the judgment. By 1991 Martin Gaffney had come down with
lymphoma Lymphoma is a group of blood and lymph tumors that develop from lymphocytes (a type of white blood cell). In current usage the name usually refers to just the cancerous versions rather than all such tumours. Signs and symptoms may include enlar ...
. On October 10, 1991 the Federal government decided not to appeal the judgment. Less than a month later, Martin Gaffney died in a Boston Massachusetts hospital. After the death of her father, Maureene Gaffney went to live with her paternal uncle, John Gaffney.


See also

Elizabeth Glaser Elizabeth Glaser (born Elizabeth Meyer; – ) was an American AIDS activist and child advocate married to actor and director Paul Michael Glaser. She contracted HIV very early in the modern AIDS epidemic after receiving an HIV-contaminated blo ...
, like Mutsuko Gaffney, was infected via a transfusion with tainted blood and also had 2 children contract HIV from their mother in utero.


References

{{DEFAULTSORT:Gaffney, Martin 1949 births 1991 deaths 20th-century American military personnel United States Marine Corps officers AIDS-related deaths in Massachusetts Military personnel from Boston