The $7 Million Case of Herpes

Before I leave the topic of STD transmission and lawsuits, I want to share another case. This one took place in California last year, and involved a 56-year old woman catching genital herpes from a 77-year old man. Basically, he had a twenty five year history of genital herpes outbreaks, yet did not disclose this history nor did he wear a condom. He is a very wealthy man, king of a hair product empire, and well-off enough to give his girlfriend a BMW as a gift (which she was allowed to keep, along with the $7 million.)

Now, I do not know all the details of this case. Was his quarter of a century battle with herpes recent, or in his remote past? If he had worn a condom, would that have made a difference? If you get herpes from someone who is a college student (rather than a multi-millionaire business man), how much will you be awarded?

Here is what I think is important:
1. Please note the AGES- 77 and 56!
2. Note that he had a recurring disease for over 25 years- these are not trivial infections...
3. This is a smart, educated, very successful man with full knowledge of his disease, yet he chose not to disclose.
4. Condoms cover only part of the anatomy, and herpes is spread through direct skin-to-skin contact, so condoms HELP but do not 100% prevent herpes.
5. He was indeed, held LIABLE.

BOTTOM LINE: To REPEAT YET AGAIN, STDs can occur across any age, race, gender, or socio-economic boundaries- Buyer BeWARE!

GLAMOUR Reports $1.5 Million Lawsuit for STD!

Have you seen the September issue of GLAMOUR? Well, look closely at the article: "I Sued My Ex for Giving Me an STD- and I WON!" It's a fascinating case, actually. In short, a guy and gal got together. The girl had done "due diligence" in revealing her past sexual history, and had asked him about his. He reported NO history of STDs and said he, in fact, was in a "dry spell" and hadn't been with anyone in a long time. What's next?
Girl believes guy. Girl sadly develops genital warts AND abnormal Pap smears that are pre-cancerous. (To be clear, these are both caused by HPV, the Human Papilloma Virus, but represent infections by TWO DIFFERENT strains of HPV, as warts do not turn into cancer.) Back to the story- meanwhile, guy has-oops- impregnated another girl during the not-so- dry spell...
Now, the girl who caught the HPV is in law school, and not only knows her rights, but wants to be certain to protect any future women this guy chooses to be less than honest with, so...voila! Lawsuit.
Here is the best part: Girl WINS lawsuit, including an appeal, for $1.5 MILLION!
You can read part of my opinion about the case on page 338 of the magazine, but here are a few more thoughts:
1. People LIE about having STDs- it's embarrassing, they don't want to be rejected, and they think they wont get "caught."
2. Completely HONEST people may not actually KNOW that they have a disease, because so many are SILENT.
3. Perhaps we need some new media-worthy "catch phrase" for people to ask to see proof that their potential partner has been recently tested for ALL STDs- "Show me the papers"? "Papers before clothes?" "Proof, not promises?" "Reality before Romance?"
4. You cannot tell by LOOKING who has an STD. (This guy was a medical professional- a dentist- perfect case in point!)
5. IF you give someone else an STD, you CAN be found liable in a court of law. KNOW YOUR OWN STATUS as well as asking potential partners their status.
6. STDs are COMMON and cross all racial and socio-economic boundaries- don't be fooled into thinking that beautiful, rich, popular people are disease-free!

BOTTOM LINE: You CAN and WILL be held liable for giving someone a sexually transmitted disease. If you are not practicing abstinence, GET TESTED and swap results with any future partners BEFORE you are intimate.