is affirmed as to the trooper’s claim for punitive damages, as well as his claims for in 3 P.2d 1154, 1159-60 (N.M. 1996) (allowing plaintiff to recover for emotional distress during “window of anxiety” period, which exists between initial exposure to possible HIV contaminated source and the indication that HIV test results are negative, even without evidence of actual exposure to HIV); South Regional Medical Center v. Pickering, 749 So.2d 95 (Miss. 1999) (permitting plaintiff to recover for emotional distress during “window of anxiety” period despite absence of evidence of actual exposure to HIV when the defendant allowed or caused the evidence that would allow the determination of the HIV exposure to be destroyed). But see Burk v. Sage Prods., Inc., 747 F.Supp. 285 (E.D.Pa.1990)
holding that to recover damages for negligent infliction of emotional distress based on fear of contracting aids plaintiff must allege actual exposure to hiv holding that where plaintiffs emotional distress was the direct result of documented physical injury and was reasonably foreseeable in light of the fact that the plaintiff may have been exposed to hiv he was not required to prove actual exposure to the disease in order to state a viable cause of action holding that absent any proof that the plaintiff was in fact exposed to hiv he could not recover damages for his fear of contracting aids holding that a plaintiff could recover actual damages under the tcpa for loss of credit if the plaintiff submitted sufficient proof of the amount damages requested holding medical providers who failed to warn mother about danger of exposure to hiv liable when baby born with hiv