Tag Archives: Herpes Simplex Virus

Lawsuit: ‘Defendant Knew Disease ‘Could be Transmitted Through Sexual Intercourse’

Is a person who is infected by a sexual partner with herpes — when that partner knew full well he or she had the virus —  entitled to monetary damages?

That’s the question posed in a lawsuit filed in February in Kitsap County Superior Court.

The plaintiff and defendant had been in a “monogamous, intimate relationship” between 2006 and 2010. At some point prior to their relationship, the defendant got Herpes, the documents say.

“Defendant knew that he had been infected with HSV (Herpes Simplex Virus) for years prior to starting his relationship with plaintiff,” the lawsuit says. “Defendant further knew that the disease could be transmitted through sexual intercourse with another. ”

“Defendant failed to inform plaintiff of the existence of his disease until several months after the parties had engaged in unprotected sexual intercourse,” the lawsuit says.

The plaintiff is asking for an “amount that will fairly compensate (her) for all damages sustained, costs and reasonable attorney’s fees, interested calculated at the maximum amount allowable by law, and other relief the court deems just.”

What do you think?