Lawsuite

[PeaceofMind]

Hi Terri,

I know that you deal with the medical aspect of HSV, but I wanted to ask are you aware of any cases where someone has successfully sued for transmitting this virus to them? Sadly, there are many people who are fully aware that they have HSV and they do not communicate their status to others that they are involved with. I think that this is malicious and extremely selfish. For many people the virus may have minimal impact to their health, but for some the impact is major. I don’t think that people should be held accountable in cases where they knowingly transmit the disease and or they are negligent with their behavior.

[Terri Warren]

Yes, I am aware of several cases of people suing one another for transmission of herpes. In fact, I was the major witness in a trial where a woman was awarded 900,000$ for this very thing two or three years ago. You can Google it.
HOWEVER, this is not an easy thing to prove. A person must have a baseline negative IgG and subsequently seroconvert and have all of that documented. Without a baseline negative and a subsequent positive (within close proximity to each other) there is no way to document that that person infected the other person.

Terri

[PeaceofMind]

Terri,

Thank you very much for your response. My infection resulted from adultery and my ex treated me poorly after I informed him. Also the person who infected him acts as though the situation does not exist. It’s all very upsetting that people get away with this.

Nonetheless, I actually did have a negative test several months prior to being infected at the suggestion of my Dr. I got sick shortly after reconciling with my ex-husband. After I told him that he had infected me he admitted that he had begun having outbreaks shortly after he started a relationship with this other person. I have also found communications where he admits that he contracted it from her, so there really is very little doubt, but I do understand that proving it might be far more difficult.

I actually met with an attorney today to see if it was something I could pursue….so we will see. I just think people should be held accountable for their selfish and destructive actions. Thanks again

[Terri Warren]

Well, it sounds like you have your ducks in a row there.
While I know it is very tempting to pursue this legally, you should know that this takes time and a continued focus on the problem rather than expending that energy adjusting to having this infection. Just sayin’

Terri

[PeaceofMind]

Thanks Terri..I appreciate your comments. I do not know if I will follow through with pursuing this legally. I have been working on adjusting to this for almost 2 years and it has not been easy…both physically and emotionally. The infection itself is just one of the many hurtful and devastating things that resulted from my marriage. If I do pursue this legally there is no amount of money that would compensate me and my children for all of the hurt that was caused by my EX husband adultery. However, I would like for him and the person he had an affair with to be held accountable and to accept responsibility.

[Terri Warren]

I doubt that you could hold you ex husband’s partner accountable for anything but perhaps him.

Terri

[Author]

Posts