updated 7/16/2009 1:59:02 PM ET 2009-07-16T17:59:02

A South Florida man says he was refused a hair transplant because he is HIV positive.

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Diego Del Rio said in a lawsuit that he was denied a transplant by Dr. Brett Bolton of the Age Defying Surgical Center.

The 28-year-old Del Rio said he told Bolton he is HIV positive. After a series of follow-up phone calls, a "staffing medical coordinator" told him the office would not treat him.

Bolton's attorney, Gabriel Imperato, said Thursday he had not seen the lawsuit, and he and Bolton will "respond in court, not in the media."

The Florida Health Department says denying someone treatment simply because they are HIV positive is against state law.

Del Rio is suing for $15,000 or more. The lawsuit was filed Tuesday in Broward Circuit Court.

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