Monday, April 6, 2015

Herpes lawsuit california - California Herpes Law

herpes lawsuit, California herpes lawsuit, California herpes law
California law makes it unlawful for someone to knowingly or negligently infect their sexual partner with an STD.

If your spouse, boyfriend, girlfriend, or partner infected you with herpes, HIV, Hepatitis, or another serious infection, you may be entitled to compensation.  The victim of negligent or intentional transmission of an STD  can seek damages for their pain and suffering, medications, and other expenses.











 Can you Sue Your Boyfriend, Girlfriend, or Partner for Infecting you?

Yes, assuming that your partner was negligent or knowingly infected you without telling you they had an infection, you should be able to sue them in court.  Generally, California STD law makes it clear that someone who knew or should have known they were infected must warn and protect their partner.  In fact, intentionally and knowingly infecting someone with a harmful STD virus may be a crime in California.  Please keep in mind, however, that each person’s circumstances are different, and you should seek a free consultation with a competent lawyer who can evaluate your situation.

  California Herpes Law

Three criminal laws in California specifically address people who have either the human immunodeficiency virus, or HIV, or other sexually transmitted diseases.
Willful exposure
Anyone who has any kind of infectious, communicable, or contagious disease in California commits a crime if that person exposes him or herself to others. This crime is punishable as a misdemeanor offense. You also commit this crime if you knowingly expose someone else whom you know has such a disease to other people. (California Health and Safety Code section 120290.)
Donating tissue
If you know you are infected with HIV in California, it is a felony offense to donate bodily materials. This includes donating blood, tissue, semen, breast milk, or any other type of bodily product. (California Health and Safety Code section 1621.5.)



Sexual intercourse

It is also a crime in California to engage in unprotected sexual activity with someone else, knowing that you are infected with HIV. If you do so specifically to infect someone else with the disease, you commit a felony offense. (California Health and Safety Code section 120291.)

Herpes lawsuits in California from 1986 to 2010. 

herpes lawsuit california

1986 Herpes Lawsuit
One of the big news items was that a 1986 lawsuit filed again the actor/comedian Robin Williams was finally settled. That’s 6 years later after the herpes lawsuit was filed! The case was settled out of court for an “undisclosed sum.”

1987
In 1987 Tony Bennett made headlines when he was ordered by the courts to undergo medical tests to determine if he could have given a woman genital herpes. Bennett said he didn’t have herpes and that his doctors report confirmed this.
Another California lawsuit in 1987
The decision upheld the right of Jane Maharam, 56, to sue her former husband Robert, 56, on her claim that he had herpes and did not tell her. The court found that such partners have a legal duty to inform each other about their venereal diseases.

2004 HERPES LAWSUITS

In 2004 it was alleged NOT that Liza Minnelli had actually given David Gest herpes, but that Liza Minnelli had not told him that she had herpes until months after they had been married.

2006 HERPES LAWSUIT
Michael Vick, the football player who was later went to jail for dog-fighting and animal cruelty, settled a lawsuit filed by a woman who said he knowingly gave her herpes. The name “Ron Mexico” became infamous as that was the fake name Vick is reported to have used when seeking treatment for herpes.

2007 HERPES LAWSUIT
In Los Angeles CA, Elizabeth Mazzocchi filed a herpes lawsuit against NYPD Blue actor Esai Morales.

2009 HERPES LAWSUIT
A woman was awarded $7 million in a suit filed by a 56 year old woman who was infected with herpes by a 77 year old man.

2010 HERPES LAWSUIT
A woman from Chicago filed a herpes lawsuit seeking $50,000 against her husband.


Dating with herpes can be stressful. It may be more difficult to find new partners. But when you are open and honest about your infection status, there will continue to be people who want you enough to take the risk. There are also dating services specifically for individuals who have been diagnosed with herpes and other STDs. Remember, one in five adults is infected with the herpes virus.  You can also get help and support from California herpes support groups or California herpes dating sites.

1 comment:

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