It's Herpes, Not Lung Cancer
Debra Cassens Weiss writes in the ABA Journal that a jury awarded a 56-year-old California woman $6.75 million -- from the 77-year-old man accused of giving her the herpes virus:
Lawyer Shaun Murphy disclosed the verdict, but identified his winning client only as Patricia, the Associated Press reports. Murphy said the man, whom he identified as Thomas, knew he had herpes for more than 25 years, but he didn't tell the woman or wear a condom during sex.Patricia was awarded $4 million in compensatory damages, $2.75 million in punitive damages and a BMW car that the defendant had given her as a gift, the story says.
The guy denies giving her the virus, by the way. And the lawyer said she was denied health insurance after contracting it.
Now, I wouldn't want herpes, and if he did give it to her, she's seems entitled to something or other, but $6.75 million, and the BMW, too?
via Overlawyered
Why didn't she make him wear a condom? If she asked and he refused, why did she have sex with him? Why didn't she ask him to be tested for STDs? This lady is an idiot. (Not that the guy isn't an idiot, too.)
Clare at March 1, 2009 5:35 AM
Eh, people knowingly having unprotected sex and/or not informing their partners of STD's is assault at minimum, and attempted murder/murder at worst.
Not that she didn't own some blame for agreeing to condomless sex, she sure does, but condoms don't stop herpes transmission. The virus is all over the genitals.
So I'm not sure if I feel this is ridiculous or not. The amount probably is, given her age. It's not like he ruined a 24 year olds life. There needs to be consideration of the amount of time she'll have to live with it. Getting denied health insurance is a viable reason to need the money though. WHat if she does get cancer now?
I'm sure the punitive factor included the fact that he's likely done this to others.
momof3 at March 1, 2009 7:00 AM
Condoms aren't as effective against herpes as they are against other diseases, because of skin to skin contact. If he had a sore low down on his penis, not covered by the condom, it could have come into contact with her vulva.
The herpes STD test is not very reliable, either. He could have been tested and come out negative.
So it is possible that they got tested and used condoms and he still gave her herpes. If he knew he should have disclosed it.
The amount of money does seem high. Sounds like he already had given her the BMW, though.
NicoleK at March 1, 2009 7:28 AM
Even if he truly ruined her life, the amount is ridiculous. And herpes is nothing more than a nuisance. How many people do you know who get the occasional fever blister? That is also herpes.
When will our lovely legislators get around to tort reform?
bradley13 at March 1, 2009 7:29 AM
I guess she didn't notice the towels in the bathroom- his and herpes.
Eric at March 1, 2009 8:17 AM
Lmao @ Eric and for once, I agree w/ Momof3.
Her lifelong care will be quite expensive esp. w/o insurance. Better he pay it than the tax payer.
Truth at March 1, 2009 8:54 AM
Don't stats say 1 in 5 Americans have genital herpes although 80% of them don't even know about it? If the disease is so innocuous that this many people don't even know they have it doesn't the award seem high? I can't seem to find an answer for California, but you'd think someone might insure her for other things as long as she pays for her own herpes meds. You can find Valtrex on line for as little as $.93/500 mg tab. Say she lives to 90 and needs an average of 2 tabs/day (not quite accurate as outbreaks require a few days of high dosage and then back to one tab/day prevention -- but its just an average -- double or triple it if you want) and we're only talking about $25k.
moreta at March 1, 2009 9:39 AM
people are scum, and this sort of thing happens constantly. This is bad, true, but is it worth money? If you get coldsores from someone does that count too? It would be amusing if my ex had to pay me for coldsores, but how do you prove it? You can infect even without an outbreak, as one of my friends found out when the party girl gave him the nasty rash... and he even used protection. He wasn't the only one she gave it to that year. Do they all get to sue her?
Awards like this just confound me, even IF it could be proven that the guy was cattin' around and had no regard for his partner, or did this willfully. #1 is not life threatening, even though it has a heavy price. If it was aids it would be different in degree. But what're the odds that the guy could pay any such award? This is the "we're going to impovrish you permanantly" award that he will never pay. Since he is old, I'm figuring that this will be his life insurance that she gets, but who insures for that much at any age? Reasonable went out the window with common sense.
SwissArmyD at March 1, 2009 10:19 AM
Huh. Compensatory damages of $4m? I really wonder how they came up with that calculation. Does herpes complicate other conditions?
Case seems ripe for appeal on the assumption of risk argument . . . unless he lied to her. Its tough to say without knowing more about the facts plaintiff proved at trial.
snakeman99 at March 1, 2009 4:26 PM
Given the nature of the herpes virus how did they prove he infectd her, and what kind of insurance company refuses to insure someone because of a virus which hurts less than shingles?
Something every doctor recomends you get as a child when its called chicken pox
lujlp at March 1, 2009 6:02 PM
Has anyone else noticed how Valtrex commercials make the point that seventy-five percent of people are infected when their partners have no visible signs of an outbreak? Unless I'm missing something important, that means the other twenty-five percent...EEEWWW!
Brandyjane at March 2, 2009 4:10 AM
"Something every doctor recomends you get as a child when its called chicken pox"
No, it is absolutely recommended to avoid at all costs. There is a vac for it, but if you can't get the vac they recommend you avoid exposure like the plague. Anything that causes hospitalization is to be avoided, since hospitals are full of really nasty germs. Also, chicken pox can kill, and does, even now.
momof3 at March 2, 2009 7:24 AM
It seems to me that both parties showed some negligence - his much worse than hers, assuming he was aware he was infected.
That said, the amount awarded is ridiculous. Herpes is a nuisance level complaint that is treatable at low expense.
The idea that she was refused health coverage because of herpes is just silly. Not credible. Huge numbers of people have this virus, and keep health coverage just fine. There may be, somewhere, some insurance company that would reject you over herpes - but my guess is it would be hard to find. How many of the millions of people with herpes are unable to get health insurance?
I don't get how the settlement amount for this should be more than single-digit thousands of dollars. Treatment might be a couple hundred per year.
Maybe the reward was based on damage to her reputation? Although, if you're almost 60 and sleeping with a guy almost 80 so that you can get a free car, that might not be it either...
Quint at March 2, 2009 10:29 AM
Amy Alkon
http://www.advicegoddess.com/archives/2009/03/01/its_herpes_not.html#comment-1636665">comment from QuintMore people than anyone knows have herpes. I believe a figure I read was one in four are projected to have it. Of course, any data about anything sexual I look at with a very skeptical eye. I can't remember how that figure was arrived at, and I'm home banging my head against the keyboard, otherwise known as writing, on deadline, and can't delve into it now.
Amy Alkon at March 2, 2009 10:48 AM
"Eh, people knowingly having unprotected sex and/or not informing their partners of STD's is assault at minimum, and attempted murder/murder at worst. "
Yes, even if she.........has a different strain of the virus. The key is that the guy knew he was carrying.
And who knows - maybe the amount of the award is to cover lost earning potential. Is there any mention of what she does for a living?
Jim at March 2, 2009 12:47 PM
For all of the idiots spouting off about herpes ruining ones life-no it doesn't. The only major hassel involved with having herpes is the stigma attached to it.Even if you are unfortunate enough to have an outbreak, the blisters last three days. The discomfort in 95% of the cases[yes, I did completely make that statistic up :)]is equivelent to having a small pimple on your ass.Oh, the horror!!!!
I've had herpes for two years now, and I have never had an outbreak-at least, if I did, it was so extremely mild that I didn't even notice it. I only found out through a bloodtest-if I hadn't have been voluntarily tested, I'd still have no idea. I take the suppresent meds ONLY so that I can tell people I'm dating that yes, I am on medication, so it should make our sex safer for you....
The 'talk' when you reveal this before becoming intimate with someone is nerve-wracking. But I'm great at saying uncomfortable things, as you've witnessed above. I wish people would stop talking about herpes as something terrible-it really, really isn't.
Everyone here has had a zit on their ass once or twice, right? ;)Herpes is no bigger deal than that experiance folks.
dizedd at March 2, 2009 2:08 PM
momof3 my sister and I and every kid on our street got chicken pox at a sleep over. A freind down the street caught it on a vacation back east and our parents had all of us spend the night together to infect all of us.
http://en.wikipedia.org/wiki/Pox_party
They did it because they figured it be better to get it as a child than as an adult when it would be more dangerous.
lujlp at March 2, 2009 2:58 PM
Looj What they did, eons ago, and what they do now are very different. People used to get measles and mumps too, not so much anymore. Medicine changes. I think you don't have kids so probably aren't up on that particular step forward, but that's the way it is today.
I had it as a kid too. My daughters will not.
dizedd, you may think it no big deal. Some do. Just like some people with the cold sore virus get little bumps rarely, and some get huge frequent open sores. Some people get a few bumps with chicken pox, and some people die. Everyone reacts differently to diseases. The point is-and you do this so good for you-it should be your partners CHOICE to risk it or not. It's not some little secret you get to keep like this guy apparently did.
momof3 at March 2, 2009 6:13 PM
True enough momof3, FYI for anyone who had chicken pox, read up on shingles.
Trust me if you wind up with an outbreak you want to get the meds before the pain starts
lujlp at March 3, 2009 10:50 AM
Mesothelioma is a rare disease that quietly builds up and worsens inside the body. Many who have mesothelioma do not realize they have the disease until 20-50 years after exposure to asbestos.
Michale Revolorio at September 2, 2010 2:21 PM
Thanks for taking the time to write this great post.
Mesothelioma Truth at October 31, 2010 6:32 AM
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