Can I sue? - PLEASE READ - - Herpes Message Board

Nelly73 · 06-10-2003, 08:17 PM

I had heard that one can sue the infector if the infector knowingly infected you? Is this true? Does anyone know any of the legalities about this?

I would like to sue my x-boyfriend for personal injury for knowingly infecting me with herpes and genital warts (genital warts, while harmless, increase a woman’s risk for cervical cancer and make having children complicated). But before I contact my personal injury lawyer, making my STDS known to him and his firm, I want to know if anyone has any knowledge about any of this. Anything you know would be helpful.

My X flat out lied to me when I asked. I asked prior to being sexually involved with him. 2 months later I caught genital warts (HPV) and 5 months later I caught HSV-2.

After we had broken up, I found out from a credible source that has had HSV for about 7 years. He is still lying about. I told him to send a copy of his medical records to me. He said "Okay." Nothing ever arrived. He still maintains he didn’t know he had this. The credible source claims he told him he had it years ago. If he was treated years ago and given medication than this is in his medical record which the lawyer would obtain, right?

justnotfair · 06-10-2003, 08:57 PM

No law guru here but I'd suspect that as long as he did not sign a contract and you did not actually view test that said he was clear you placed yourself at a risk. I contracted hsv from someone who did not tell me and still would not confirm after fact; although, I was ****ing mad, I also never requested my partner to show me test negatives.

Awful mistake

Shaman · 06-10-2003, 10:06 PM

What do you hope to get out of it? What can you afford to put in to it? Is the party involved independantly wealthy? Yes, a well known comedian was sued 15-20 years ago for knowing transmitting herpes to a sexual partner. Yes, his insurance company coughed up big bucks to the infected partner. Before the ink on the settlement papers was dry every insurance company in the USA had deleted coverage for STDS of any kind under their policies. What this means to you in practical terms is that since there will be no deep pocket insurance company to foot the bill, no attorney will take the case "on contingancy". If you have $150-300/hour to pay someone for the emotional gratification of eventually 5-10 years from now being told you are right, then by all means, go ahead and sue. Unless the scum involved has considerable personal assests and not enough smarts to hide them, then you will never get a dime.

Sorry to be the bearer of bad news.

Magnetic · 06-11-2003, 08:26 AM

In this country, we can sue anybody for anything. First, you have to ask what you want to get out of this. Second, you have to ask how much you want to put into it. By going to court, you will be making a public announcement of your being infected.

To get a judgement, you may have to show more than that he knew he had it. Showing that you asked him and he knowingly lied would be a major goal of yours. He can deny you ever asked him about it. Failure to get a doctors report is not proof. While it appears you can prove he knew he had it - and this may be sufficient - the defense will most likely attack your sexual history and try to show that you were aware of the risks and knowingly accepted them. I mean, can you prove that he DIDN'T tell you and you DIDN't agree to have unprotected sex with him knowing he was infected, and can you deny that you are aware that couples should not have unprotected sex until after they have been tested?

If I were on the jury, I might vote in your favor, but I might also be swayed by a defense arguement that since you didn't insist on seeing the results of a full STD screeen prior to engaging in unprotected sex, and that since you knew having unprotected sex was a risky thing, that you willing engaged in unprotected sex with someone of unknown background and, therefore, willfully exposed yourself.

While I wish cases such as yours were more widespread as it might slow down the spread of the infection, you will face a difficult battle. And, another thing, in a unique case such as yours, the local press might pick up on it and publish it and put you on TV. Can you handle that? It would make you a hero to the herpes crowd....

While I personally think you should win a judgement to have him pay for your medical expenses and treatment, the fact remains that you still had unprotected sex with him without seeing any test results. Perhaps taking him to small claims court and suing him for your doctor bills and prescriptions would be sufficient. Unless he has some big bucks, I doubt a lawyer would take this on a contingency basis, and to get a lawyer, you would be spending many thousands of dollars on a very uncertain outcome.

Colbe · 06-11-2003, 08:59 AM

The case would be thrown out.