Herpes Victims Speak Out By Taking on Former Partners to Court
Indeed, those who are infected with the herpes virus often have to deal with the recurring symptoms, outbreaks and shame that goes with it. Sadly, herpes is not limited to people who have one night stands. Spouses of cheating husbands or wives, rape victims and even people in long-term relationships are all victims.
There are those who get herpes and never speak about the dreaded disease out of embarrassment due to the stigma surrounding having it, but in recent years, others have taken a different route. After going through stages of denial and anger, or feeling like their life is over, they file a lawsuit against their former partner.
Today there are a growing number of lawsuits between former partners and even spouses who have been inflicted with the painful virus and want to be compensated for their financial losses, emotional distress and pain and suffering.
Many of these lawsuits involving celebrities or people of great wealth, have made headlines including one involving Thomas Redkin, founder of the popular Aussie hair product line,
Redkin’s former lover Patricia Behr won a $6.5 million verdict after the jury believed her side of the story stating that he never disclosed to her the fact that he had the disease since the 1970s, prior to having unprotected sex with her.
Those accused of passing on the virus, however, are not always to blame. The case involving NFL player Kris Humphries is an example. Kayla Goldberg filed a lawsuit against him in 2012 claiming he gave her herpes when they had a one-night stand in 2010. Humphries appealed to the court to drop the lawsuit after his test results for the disease were negative.
Still there are smaller lawsuits that never make headlines, but the victims are just as damaged by the aftermath of contracting the disease.
Herpes is Common Among People Who are Sexually Active
There are two types of herpes simplex. The most common form is herpes simplex 1 (HSV-1). This type is a cold sore or oral herpes and an estimated 70% of Americans have this one, according to the Centers for Disease Control.
The second type of herpes is HSV-2 and this infection is in the genital area and can be spread by sexual contact. The CDC reports that approximately, one out of every six people between the ages of 14 to 49 years old in the United States have genital herpes.
A herpes infection is not a death sentence, but there is a stigma attached to it. Also, if you are a woman who plans on having children, the unborn baby may be at risk of getting the inflection, there is an increased risk of miscarriage and a C-section delivery may have to take place.
Who Should File a Lawsuit? Call 800-235-6801 for Help
If you were infected with the herpes virus by a partner who did not disclose to you that they had the disease, you may have grounds for a personal injury lawsuit against that person.
One of the key elements required in a herpes or other sexually transmitted disease (STD) lawsuit is that the defendant knew or should have known that they had the virus or STD, but did not disclose this information to a partner before they had sex. Next, you’ll have to find a way to prove the person has the virus, knew they had it and failed to share this information with you prior to engaging in unprotected sex or intimacy.
Attorney James Johnson, founder of Johnson Attorneys Group, will go over the unique facts of your individual case to determine if you have grounds to establish a case against a negligent person.
You may call Johnson Attorneys Group at 800-235-6801 and request a free consultation.