A criminal case under way in Colorado is taking HIV exposure litigation to a whole new level. Shad Skov, a 33-year-old HIV-positive man, is charged not only with infecting his fianc'e but also with child abuse resulting in serious injury after she subsequently passed the virus to the couple's newborn baby.
The father-to-child HIV exposure case is believed to be the first of its kind in the nation because it both addresses an indirect route of HIV transmission (from father to mother to child) and is based on criminal charges brought under a statute not specifically focusing on HIV exposure (Colorado has no HIV exposure law).
'There's definitely no question the baby suffered serious bodily injury,' says Mesa County district attorney Pete Hautzinger, noting that the mother had tested HIV-negative early in her pregnancy and was likely infected shortly thereafter. Had Skov revealed his HIV status, steps could have been taken to prevent the child from contracting HIV, including short courses of medications for both the mom and the child and a possible cesarean section, according to the criminal charges.
