Eliana Martinez
Encyclopedia
Eliana Martínez was an American
adoptee
who contracted HIV
from a blood transfusion
as an infant. Her adoptive mother, Rosa Martínez (1952-), fought for Eliana to be allowed to attend a public school without being isolated from other students by transparent partitions, referred to by Mrs. Martinez as a "glass cage". Eliana died of complications from AIDS
seven months after winning the right to attend a special education program without being physically isolated from other students.
. She received thirty-nine blood transfusions in the first four months of life, thereby receiving contaminated blood with HIV from one of them.
Unable to care for Eliana nor her four older siblings, her biological parents were denied custody of her. The first eleven months of her life were spent in the hospital where she was born until she was adopted by Joe and Rosa Martínez. (The couple separated in 1986.) Eliana had multiple handicaps and was mistakenly diagnosed with cerebral palsy until the diagnosis of AIDS-related complex
was confirmed; her handicaps were due to the effects of AIDS.. She was diagnosed with AIDS-Related Complex in April 1985. Eliana was treated with AZT
for two years and later with ddl
.
. With a tested IQ
of 41, Eliana was classified as a trainably mentally handicapped child. The school district wanted Eliana taught at home out of fear she could transmit HIV to others.
After exhausting the appeals process with the school district, Mrs. Martínez filed a legal complaint on September 3, 1987 with the United States District Court for the Middle District of Florida
. Judge Elizabeth A. Kovachevich
ruled on August 8, 1988 that Eliana could attend the school if isolated by transparent partitions from other students until she was toilet trained
and learned to stop sucking her fingers. A notice of appeal was promptly filed and the school district constructed the isolation booth specified in the judge's decision.
On August 25, Judge William Terrell Hodges ruled that Eliana should be tutored at home until the appeal could be heard by the United States Court of Appeals for the Eleventh Circuit
.
In December 1988, the Court of Appeals returned the case to Judge Kovachevich, upholding Eliana's right to be placed in the least restrictive environment
unless evidence proved that she posed a significant risk to other children. Judge Kovachevich ruled that Eliana could sit at a desk in a classroom without isolation partitions and Eliana attended her first day of school on April 27, 1989. Eliana adjusted to attending school and only four of the 200 students at the school stopped attending.
.
In March 1991, Rosa Martínez and husband Garth Button became legal guardians for two sisters born with AIDS whose mother had recently died. Following an investigation of allegations that Martínez withheld AIDS treatment from the girls, the Florida Department of Health and Rehabilitative Services removed them from the Martínez-Button household. The couple were cleared, but Rosa and her husband agreed the girls should remain with their foster parents and avoid further disruption of their lives.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
adoptee
Adoption
Adoption is a process whereby a person assumes the parenting for another and, in so doing, permanently transfers all rights and responsibilities from the original parent or parents...
who contracted HIV
HIV
Human immunodeficiency virus is a lentivirus that causes acquired immunodeficiency syndrome , a condition in humans in which progressive failure of the immune system allows life-threatening opportunistic infections and cancers to thrive...
from a blood transfusion
Blood transfusion
Blood transfusion is the process of receiving blood products into one's circulation intravenously. Transfusions are used in a variety of medical conditions to replace lost components of the blood...
as an infant. Her adoptive mother, Rosa Martínez (1952-), fought for Eliana to be allowed to attend a public school without being isolated from other students by transparent partitions, referred to by Mrs. Martinez as a "glass cage". Eliana died of complications from AIDS
AIDS
Acquired immune deficiency syndrome or acquired immunodeficiency syndrome is a disease of the human immune system caused by the human immunodeficiency virus...
seven months after winning the right to attend a special education program without being physically isolated from other students.
Early life
Eliana Martínez was born prematurely on September 15, 1981 in Puerto RicoPuerto Rico
Puerto Rico , officially the Commonwealth of Puerto Rico , is an unincorporated territory of the United States, located in the northeastern Caribbean, east of the Dominican Republic and west of both the United States Virgin Islands and the British Virgin Islands.Puerto Rico comprises an...
. She received thirty-nine blood transfusions in the first four months of life, thereby receiving contaminated blood with HIV from one of them.
Unable to care for Eliana nor her four older siblings, her biological parents were denied custody of her. The first eleven months of her life were spent in the hospital where she was born until she was adopted by Joe and Rosa Martínez. (The couple separated in 1986.) Eliana had multiple handicaps and was mistakenly diagnosed with cerebral palsy until the diagnosis of AIDS-related complex
AIDS-related complex
AIDS-related complex, or ARC, was introduced after discovery of the HIV when the medical community became aware of the inherent difficulties associated with treating patients suffering from an advanced case of HIV which gave rise to the term Acquired Immune Deficiency Syndrome...
was confirmed; her handicaps were due to the effects of AIDS.. She was diagnosed with AIDS-Related Complex in April 1985. Eliana was treated with AZT
Zidovudine
Zidovudine or azidothymidine is a nucleoside analog reverse-transcriptase inhibitor , a type of antiretroviral drug used for the treatment of HIV/AIDS. It is an analog of thymidine....
for two years and later with ddl
Didanosine
Didanosine is sold under the trade names Videx and Videx EC. It is a reverse transcriptase inhibitor, effective against HIV and used in combination with other antiretroviral drug therapy as part of highly active antiretroviral therapy .-History:The related pro-drug of didanosine,...
.
Legal challenges to attend school
In November 1986, Rosa Martínez sought to have Eliana admitted to Manhattan Exceptional Center, a special school operated by Hillsborough County Public SchoolsHillsborough County Public Schools
Hillsborough County Public Schools, Florida is a school district headquartered in Tampa, Florida. It is more commonly referred to as the School District of Hillsborough County, or SDHC....
. With a tested IQ
Intelligence quotient
An intelligence quotient, or IQ, is a score derived from one of several different standardized tests designed to assess intelligence. When modern IQ tests are constructed, the mean score within an age group is set to 100 and the standard deviation to 15...
of 41, Eliana was classified as a trainably mentally handicapped child. The school district wanted Eliana taught at home out of fear she could transmit HIV to others.
After exhausting the appeals process with the school district, Mrs. Martínez filed a legal complaint on September 3, 1987 with the United States District Court for the Middle District of Florida
United States District Court for the Middle District of Florida
The United States District Court for the Middle District of Florida serves the residents of thirty-five counties from eight courthouses....
. Judge Elizabeth A. Kovachevich
Elizabeth A. Kovachevich
Elizabeth Anne Kovachevich is a federal judge on the United States District Court for the Middle District of Florida.- Early life and education :...
ruled on August 8, 1988 that Eliana could attend the school if isolated by transparent partitions from other students until she was toilet trained
Toilet training
Toilet training, or potty training, is the process of training a young child to use the toilet for urination and defecation, though training may start with a smaller toilet bowl-shaped device...
and learned to stop sucking her fingers. A notice of appeal was promptly filed and the school district constructed the isolation booth specified in the judge's decision.
On August 25, Judge William Terrell Hodges ruled that Eliana should be tutored at home until the appeal could be heard by the United States Court of Appeals for the Eleventh Circuit
United States Court of Appeals for the Eleventh Circuit
The United States Court of Appeals for the Eleventh Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* Middle District of Alabama...
.
In December 1988, the Court of Appeals returned the case to Judge Kovachevich, upholding Eliana's right to be placed in the least restrictive environment
Least Restrictive Environment
As part of the U.S. Individuals with Disabilities Education Act, the least restrictive environment is identified as one of the six principles that govern the education of students with disabilities and other special needs...
unless evidence proved that she posed a significant risk to other children. Judge Kovachevich ruled that Eliana could sit at a desk in a classroom without isolation partitions and Eliana attended her first day of school on April 27, 1989. Eliana adjusted to attending school and only four of the 200 students at the school stopped attending.
Death and afterward
Eliana Martínez died on November 27, 1989. She has a panel on block 03098 of the NAMES Project AIDS Memorial QuiltNAMES Project AIDS Memorial Quilt
The NAMES Project AIDS Memorial Quilt, often abbreviated to AIDS Memorial Quilt, is an enormous quilt made as a memorial to and celebration of the lives of people who have died of AIDS-related causes...
.
In March 1991, Rosa Martínez and husband Garth Button became legal guardians for two sisters born with AIDS whose mother had recently died. Following an investigation of allegations that Martínez withheld AIDS treatment from the girls, the Florida Department of Health and Rehabilitative Services removed them from the Martínez-Button household. The couple were cleared, but Rosa and her husband agreed the girls should remain with their foster parents and avoid further disruption of their lives.
External links
- Rosa Martinez Button official website
- "Broken Promise: Breaching a reporter-source confidence", article about media outlets revealing Eliana's name