Suing someone for inflicting bodily injury is covered under personal injury litigation. Suing for herpes may be a tort and personal injury rolled into one. An uptick in STD-related lawsuits shows that herpes and the law have met before.
Married Wisconsin Woman sues Lover for Herpes
The Gazette reports that a married woman (33) has filed a $350,000 suit against her paramour (35). Both people are married to other people. She alleges that during a one-time sexual encounter in the defendant's vehicle, he transmitted genital herpes to her. In her complaint, she claims "personal injury, intentional infection, emotional distress and assault and battery."
The man in question denies the allegations and suggests that she should check with her other partners or husband for the source of the infection. She counters by asserting that he and her husband have been her only sexual contacts over the past eight years. Unless a settlement is reached or the burden of proof remains unmet, there is a good chance that this case will make it to trial.
The Michael Vick/ Ron Mexico Suit
Suing for herpes is not new. Back in 2006, the AP -- as quoted by NBC Sports -- recounted the lawsuit of a woman, who claimed that Michael Vick, then the Atlanta Falcons quarterback, gave her the disease during unprotected intercourse. She further alleged that Vick knew of the disease and sought treatment under the name Ron Mexico. The suit was dropped after both parties "agreed to an undisclosed resolution."
Herpes and the Law Clash in Hollywood
Suing someone for the transmission of the herpes virus also takes place in Hollywood. TMZ recently broke the story of an unnamed "A-list celebrity" who stood accused of knowingly transmitting the disease to a casual hook-up partner. Attorney-guided negotiations netted the injured party a $5 million settlement.
$7 Million Jury Award
While the aforementioned cases resulted in settlements before being tried in court, suing someone for herpes can actually lead to a jury trial. KOLO TV reported in 2009 on a Riverside County (Calif.) jury that awarded a woman (56) $6.75 million for being exposed to -- and infected with -- herpes by her partner (77). The suit alleged that the man knew of his herpes infection "for more than 25 years" and still did not disclose the risk to the woman. Of the $6.75 million, $4 million were compensatory and $2.75 million represented punitive damages.
