Lawsuit over STD?

[MaltiPooMom]

What is the name of your state (only U.S. law)? Tx

I dated this guy about 2 1/2 years ago and before we became sexually active I specifically asked him if he had been tested for STDs and he assured me that he had been tested (supposedly because his ex cheated). About 2 months later one morning he woke up with a blister on his lip, within a couple of days I was experiencing pain and blisters "down stairs". I immediately went to an OBGYN and asked him again about the tests and he said the same as before. My doc told me it was type 1 Herpes, which usually infects the mouth but can infect elsewhere depending on the mode of transmission. When I got the results and told him his response was "oh so it's this kind (pointing to a blister on his lip)? Well I knew I had that kind, but that’s no big deal, tons of people have fever blisters from herpes on the mouth". This implies that he knew all along, lied about it and disregarded it. Because there is no cure for herpes and I chose not to be irresponsible, it has seriously affected every relationship since. Not to mention, it has cost a minimum of $30/month for the daily meds.

I saw some responses kind of relating to STD lawsuits but they all seemed outdated. Would this be a legitimate case for a lawsuit? Also, how public would a lawsuit be? This is something I have managed to keep very private, telling only a couple close friends.What is the name of your state (only U.S. law)?

[justalayman]

lawsuits are not private. Your neighbor can go down and sit and watcht the proceedings if they want plus all of the case is viewable by anybody that wants to go the the courthouse and pay the copy fees for the records of the case.


as to suing him: most people do not consider the herpes you have as an STD. It is but that does not mean he lied. If he did not consider it to be an STD, then he didn't lie to you.

[ecmst12]

Herpes is also something you can't be tested for unless you have an active outbreak (swab test), there is no blood test for it.

[vollbree88]

Originally Posted by ecmst12

Herpes is also something you can't be tested for unless you have an active outbreak (swab test), there is no blood test for it.

exactly... herpes 1 isn't considered an std, as already stated. 90% of Americans have it by the time they are 50. should we all sue who gave it to us? it's unfortunate that it went "downstairs"--i had a similar situation. i don't think this would go anywhere in a lawsuit... you can't prove he gave it to you... too many people have it.

[ecmst12]

Well you might be able to prove that he gave it to you, but not that he KNOWINGLY gave it to you.

[JakeB]

Here's my take on it:

I dated this guy about 2 1/2 years ago

First, the statute of limitations in Texas is 2 years for personal injury. So, when did you find out that you contracted the STD? It's possible that you're already time-barred. If you do want to sue, then I suggest that you see a lawyer pronto.

Second, it doesn't matter whether your ex considered it to be an STD, and it doesn't matter if he knowingly gave it to you. Putting aside the other 3 elements of negligence, you can win a lawsuit if you can prove that he acted unreasonably by not informing you that he had herpes. In my opinion, if he knew he had it, and he failed to tell you, then legally speaking you have a viable case.

The issues are the statute of limitations, and whether you can prove the facts.