European Stars and Stripes (Newspaper) - August 25, 1991, Darmstadt, Hesse                                Sunday August 25, 1991the stars and stripes b Page 7va not liable in aids cases judge rules san Diego apr a judge has ruled that the veterans administration was not negligent in the ease of a woman who contracted the aids virus from her husband after he received tainted blood in a transfusion. Thursdays ruling by . District judge William p. Copple was the second major courtroom defeat for Dorothy Polikoff who lost a similar Case against the University of California san Diego medical Center in state court last november. _ Dorothy Polikoff a resident of Rancho Penas Quitos who is in her mid-60s, sought More than is million from the Federal government for various claims including the wrongful death of her husband and the ensuing emotional distress. A the tragic situation Here is that she could have been saved she could have been spared from this disease a attorney Michael Moriarty said in his closing argument thursday. Quot Quot government attorneys argued that in the mid-1980s, when Polikoff a husband received the infected blood the risk of contracting aids from blood transfusions was minimal. They also contended the a had no Legal duty to test Dorothy Polikoff or her husband for the virus. A the Standard of care simply did not require testing of the Polikoff in june 19s6," said assistant . Attorney Julie Zatz. Quot William Polikoff a veterans administration Hospital heart patient was sent to a cd medical Center in january 1984 for bypass surgery. He received blood carrying both aids and hepatitis b viruses. Doctors discovered Dorothy Polikoff was infected with hepatitis b in june 1986, but did not test for aids. Her husband died in december 1987. Moriarty contended the a had a duty to test Dorothy Polikoff or Tell her that testing was available. Dorothy Polikoff said she made several unsuccessful requests for such testing. Zatz maintained there was no record of Dorothy Polikoff requests and that medical care in the mid-1980s did not mandate aids testing in hepatitis cases. Zatz argued that holding the veterans administration liable in the cases was not permitted under the Federal tort claims act because it would hold government doctors to a higher Standard than that required of private physicians. A san Diego county Superior court jury ruled nov. 16 that a cd medical Center was not negligent in William Polikoff death. It. A whale of a problem the citizens of  Maine had a big problem on their hands when the carcass of a 61-foot Sinback whale washed ashore earlier this week. After Var ious local agencies refused to dispose of the carcass Dan Beard pictured Here on Friday and a group of residents towed the dead whale out to  focusing on 2 suspects in Gainesville Gainesville Fla. Apr evidence against two men in the mutilation deaths of five University students will be heard by a grand jury this fall More than a year after the gruesome slayings. Danny rolling of Shreveport la., and Edward Humphrey a former University of Florida student from Indialantic Fla., will be the subjects of a Hillsborough county grand jury session that begins nov. 4. It is expected to last two weeks. The slayings focused National attention on Gainesville during the first week of classes last year and sparked intense fear among students and residents. Four victims attended the University of Florida. The fifth was a student at nearby Santa be Community College. Rolling and Humphrey Are in custody in unrelated cases. Police at one time said they had eight suspects in the slayings. Joyce said about 35 to 40 investigators remain on the Case. Humphrey 19, is due for release from a state marital Hospital next month and is to serve 14 months probation for beating his 79-Ycar-old grandmother last aug. 30. Rolling 37, is to stand trial in Tampa on monday on charges stemming from a grocery store robbery and shootout with deputies. Rolling also is under investigation in a 1989 Louisiana triple murder with similarities to the Gainesville  track charged suspect in father s death Houston up a two Sisters angered that police had not arrested a suspect in their fathers death found the Man themselves and saw to it he was taken to jail. Eugene Lively 50, of the Woodlands was killed june 3 in a two car collision. The second Driver Scottie Johnson 17, allegedly ran a Stop sign and hit Lively a car. Johnson was charged with criminal negligent homicide six weeks later but was never arrested. Lively a daughters a Elizabeth Lively and Alice Mchugh a knew Johnson lived in the area near the Accident scene so they went looking for him. A we decided to take the route away from the scene that we thought the Driver would have taken a Lively said. A we had a description of  the Sisters noticed a Man Matching Johnson a description walking into a House and called Harris county constables. Johnson was arrested and jailed in lieu of $500 Bond. Lively a daughters have scheduled a meeting with a prosecutor to seek explanations for the delays in handling their fathers Case. . Sets compensation amounts for nuclear exposed cancer victims Washington a the government moved a step closer Friday to providing payments to cancer victims who mined uranium or lived downwind from nuclear bomb tests in the Nevada desert during the 1950s and Early 1960s. It issued regulations under which those who arc deemed eligible will be Able to receive compensation ranging from $50,000 to $100,000 each. Up to 500 uranium miners Many of them Navajo indians in five Western states and Between 900 arid 1,100 Down Winders in certain counties of Nevada Utah and Arizona or their survivors Are eligible for the compensation. The measure provides similar compensation for workers who developed cancer after participating in testing of atmospheric atomic weapons at Sites in Nevada the Pacific Ocean or near Alamogordo . The Justice department said it has created a special radiation exposure compensation unit in its civil division to process and adjudicate claims through employment health and other records held by the Federal and state governments. Congress last year approved establishing a $100 million Trust fund to compensate what lawmakers from the Western states called the forgotten veterans of the cold War a those who developed radiation related illnesses from uranium mining or the nuclear weapons testing program. Money has yet to be appropriated for the program. Miners who worked in underground uranium mines in Colorado new Mexico Arizona Wyoming or Utah any time Between Jan. 1, 1947, and dec. 31, 1971, and were exposed to unsafe Levels of radiation or their survivors Are eligible for up to $100,000 each. Residents of Nevada Arizona and Utah counties downwind from the Nevada test Sites or their survivors Are eligible for up to $50,000 each. Fender Bender leads to shooting death Washington apr three Young men irate Over a fender Bender beat and fatally shot a Motorist on his Way Home from his 65th birthday party family members said. Relatives of Plato Rufus Mayo said the attack followed a rear end collision of two cars in Southeast Washington on thursday night. They said the three men who had been in the Lead car first beat Mayo and then shot him with a pistol. The assailants then fled according to the account of witnesses cited by mayors friends and relatives. District of Columbia homicide detectives were investigating. They declined to comment on their findings. The Washington Post quoted an unnamed police source As saying that the account of the incident Given by the relatives was Correct. No arrests had been made As of Friday night. Friends and relatives of the victim said damage to the car driven by the three men was not extensive. A i done to understand it a said James Mayo the victims brother. A a in a trying to understand it. I think this is one of the most stupid killings that could Ever