Could i build a lawsuit off of contracting herpes from an ex-boyfriend?
I got herpes from an ex, who a year or two later got a girl pregnant and after they broke up she contacted me to talk about some abuse related things he had done to her and wanted to know if i had been through similar things. So i told her a few stories...and i also told her that he had given me herpes. Upon hearing this she said that she had seen cold sores around his mouth and he told her on several occasions that he had no idea what they were from and that he'd never had them before. Wasn't it his responsibility as a human being to be honest with a girl that he was having unproteced sex with to be honest?
Yes, it was his "moral obligation" to tell you if he knew he had herpes, but no, you cannot use his lack of conscientiousness to sue him.. there are some laws on the books in a number of states regarding intentional AIDS transmission but not herpes, which is not considered a "life threatening condition."
I hope at minimum you will always use a condom when engaging in sexual intercourse and know the history of future contacts - which may unfortunately mean asking them to be tested before you have oral or traditional sex.
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I don't know who that so called 'expert' is, but her answer is incorrect. You can sue someone for knowingly giving you herpes. It is a serious, incurable disease. They will not go to prison, as they could for knowingly infecting a partner with HIV for example, but you are entitled to a monetary reward. Know your rights and act to stop these people.
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See http://www.pinglaw.com/CM/Custom/STD-Transmission-FAQ.asp for information on a case in Missouri - or http://nbcsports.msnbc.com/id/12468203 for the story of the settlement reached in the Michael Vick herpes case.
I am not a lawyer or associated in any way with a law firm - from what I've read, get a personal injury attorney experienced in this type of case. Most cases are settled before trial. If someone knowingly infects another human being with herpes, they should be stopped. They have no conscience and will do it, or worse, again.
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Last year in Texas alone, at least a dozen multi-million dollar lawsuits related to Genital Herpes were settled. However, in each of these cases, the victims had to substantiate sexual abstinence since the infection, and further to swear an oath against future sexual intimacy. There are even suits involving animals. Since you definitely have herpes in your genitals and will have it the rest of your life for ever and ever and will always be considered an unclean social outcast, you are entitled substantial monetary reward and even federal aid.
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Yes, you can sue, but it is extremely unlikely that you will win, because you have to prove that you got it from him, not anyone else, and also he can say you gave it to him. Plus, you said he get's cold sore... 90% of the population get's cold sores, and most of them do not know that it can be transmitted to the genitals. Keep in mind this may hit home for many jury members and they may realize that they could've passed their cold sores (which no one seems to feel the need to dislose, since they're "just cold sores"), and they don't wanna get sued and have to pay money over those little cold sores they've been getting since they were 10 that everyone thinks is no big deal (because our stupid society only thinks its dirty when it's below your waist... ass backwards if you ask me), so they may spread some "good karma" by denying your suit.
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How to Test for Herpes
Learn how herpes testing works and what to expect at your doctor's appointment.
