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.