FB post

[mandymoon]

http://www.oregonlive.com/portland/index.ssf/2015/02/court_upholds_900000_verdict_a.html Oh boy someone just posted this on FB cant wait for the comments. I already saw the ones on that site. Ugh. But Iean for anyone in my state there you go you might be able to fight it.

[Beachdude1984]

I remember when this story initially made news. I know celebrities often get sued for transmitting herpes, because they can afford to settle out of court for large sums of money and sweep it under the rug. I am not defending the man, he clearly had a lapse of judgement and made a morally incorrect decision, but these types of cases serve to perpetuate and strengthen the fear and stigma surrounding HSV. Almost a million dollars and a criminal battery charge for transmitting freakin' cold sores? Wow...

[Sil88]

Just ridiculous.. is it jut America where this can happen?

[fitgirl]

Americans love to sue each other :)

I know in Canada this type of lawsuit would go no where. Our system doesn't allow for the damages worth suing for.

[WCSDancer2010]

Agreed that this kind of thing just perpetuates the stigma ... not that it's right what the man did but IMO there's the issue of taking personal responsibility for having sex with someone that you have only been on FOUR dates with ... ie, someone who you don't really know that much about. Someone who you have not learned enough about to know if they have a real sense of integrity.... or given them enough time to get to know you to feel *safe* to tell you their status .... and then consuming alcohol/pot (not that I have a problem with either) which made BOTH parties more likely to make poor choices in behavior ... seems that the amount paid to her was pretty high and didn't take HER part into consideration...

 

I made a stupid choice at age 17 to have sex with a guy who was 21 that I didn't really know because I was flattered that he paid attention to me. I take responsibility for my stupidity.... I learned a lesson and have grown from it. Whether he know he had it, I don't know but I never would have sued him over getting Herpes ... but then again, I'm not your "normal, average American" either ... LOL

[seeker]

@ fitgirl, damages are a way of dealing with something that carries no criminal penalty. a way to stop someone or a corporation from doing something bad but not yet criminal.

 

that being said, he was a douchebag and deserved what he got. 20 years with herpes and no disclosure?? just because we have it doesn't excuse his behavior. maybe 900k is a bit over the top and will get lowered on appeal ( the media never mention that) but he did what he did and it was wrong. is your dealing with H, the OBs, the meds, the Epsom salts and peroxide, for the rest of your life w/o so much as a word not worth something? ( ive had it @ 1 1/2 years and have spent @ 2k out of pocket, im 50 so what another 25 years, that's 50k. multiply by 3 for punitive and its 150k). he decided that an orgasm was more important than her health, so yea the arsehole should pay, if it were a knock upside the head or a rape I have no doubt the feeling would be different).

 

morals and ethics stand, no matter what we ourselves are going thru.

 

I disagree with it feeding into the stigma, he willfully gave someone a lifelong issue to deal with against their consent, that is the bottom line in my opinion.

[fitgirl]

@seeker

There is no point to the fight I'm my opinion. You choose to fuck. Some will be honest and some won't. You choose to do a lot of things in life and many will "do you you wrong". The reality of life.... don't blame. just realize that we are all imperfect. Maybe the "infector" was ignorant. Maybe he or she was scared. Don't sit here and ask not to be judged if you aren't prepared to take the high road yourself. Life has challenges and shit happens. Move on. You don't get to sue for ignorance and fear and stupidity. If you don't want herpes, stay celibate. If this was life threatening it's a completely different argument. So every person with cold sores is subject to a lawsuit! Bullshit. Just because it's genitals it doesn't make a difference in my opinion.

 

This lawsuit would suggest that every child who's aunt kissed them and they got hsv1 could sue...are you kidding me? keep it in perspective.

[mandymoon]

You guys all have your points yes and @fitgirl that is one very true point to the max I mean if you went to court for a visible cold sore nothing would been done but this here is under the belt so yes unlike @Dancer this was a grown ass woman. I dunno it's cray what got me was the ignorant comments I knew I shouldn't have looked at them but lots of haters. Just imagine tho the rap victims that weren't able to do this this woman had consensual sex. Just like we have people here confessing that they had sex without disclosure it's a very delicate situation that could of been them too that's a whole lot of suing in here. Geez I'm sure he felt like shit too

[seeker]

ok, first, fitgirl my entire post wasn't directed at you, only the part about punitive damages as you said you don't have them up there so I was explaining the purpose of them.

 

in this case a jury heard evidence, we did not. they found him guilty based upon said evidence and did it quickly according to the report. usually quick = lots of good evidence.. she asked for a condom, he agreed then went bareback, he then told her immediately after the bareback against her wishes sex that he had herpes. its been my observation on here that those who fall for the stigma and not tell don't then say something right after, they lament the issue for a bit. he had herpes for 20 years, he was in the medical field ( I know we lambast them but not all are ignorant and im betting one WITH herpes finds stuff out).

 

oral hsv1 and ghsv2, apples and oranges in this case. no one is going after a cold sore. it is illegal in many states to knowingly transmit an infectious disease, esp lifelong ones such as hsv2, hiv, etc. it shows a certain callousness to other to PURPOSFULLY go out and spread it.

 

yes life has risk, however I wear my seatbelt, I don't drink and drive, I wear safety glasses at work, a harness when I go up in swing stages, I hold boards in a way to minimize my chances of nailing myself ( and I missed 1 time and it hurts like hell so im extra careful now). we do what we can to minimize our risks. in the article it mentions she had a neg test a few months before, I would assume that means she asked him as most people who do screening regularly don't have sex without asking. the jury found that yes she was 25% responsible and he 75%.

 

as to the comment after, yea those are like google images, best to stay away. I read an article on potential vaccines a while ago and there were some very unpleasant comments about it meaning more promiscuity and more gay people and anti gay stuff. nasty comments from trolls or even worse, true believers.

 

oh and yes I do get to sue for ignorance and stupidity, if im using a swing stage on a building and the people set it up wrong due to stupidity or laziness or just not giving a fuck and I get hurt, I own their asses. suing is making the other person as responsible for their part in the deal. people don't get to be irresponsible and walk away, caveat emptor yes but they have to be responsible also.

 

and dancer, the jury did say she was 25% responsible. this goes back to my responsibility v fault statement. she wasn't at fault, she (I assume) asked, asked for condom ( I know they don't fully protect) but she did do some diligence, but she IS responsible for sleeping with him on a 4th date after drinking and tokin it up ( neither of which I have issue with, hell pot doesn't make people violent, just hungry and giggly).

 

maybe, just maybe somewhere in Oregon ( which is a fairly liberal state) there is someone who knows they have ghsv2 and doesn't disclose, well maybe now they will think twice and not cause someone all the mental anguish that comes from finding out.

[Sil88]

Well she hit the jackpot, and it says the appeal against the sum failed. If he wasn't willing to marry and sign over his estate to someone twenty years younger, then hey presto there's a backup. Ain't saying she's a gold digga.

[fitgirl]

I for one, am an advocate for personal responsibility. It would be a very different story if she was forced to have sex against her will. That was not the case. And who is to say wearing a condom would have prevented transmission... we all know that is no guarantee. Clearly the American culture (in general) supports and defends financial retribution through their court system. I see it differently. And why are oral hsv1 and hsv2 apples and oranges? Same virus, same lifelong infection just different location. Once again..below the belt stigma and different set of rules. Bottom line....she has herpes. And now she is richer because of it, we should all be so lucky.

[seeker]

what I am reading though is, she did her due diligence and was lied to, he premeditatedly decided to not mention his status pre sex. that's the bottom line.

 

and again all life is risky but we do what we can to mitigate said risks. how do you think there are 7.5 billion of us on the planet??? ( that's another issue altogether tho)

 

and yes, American jurisprudence has in it, within the civil court system punitive damages. see lots of companies will build something and it might hurt someone, IF they can make a buttload of money off it and not be held accountable then they will. start talking punitive damages and suddenly the bottom line changes. same with individuals, cant run around doing stuff to people and get away with it. let me ask this, would a prison sentence for him had been more acceptable?

 

this wasn't a " I got drunk and didn't know what I was doing" nor a " I really liked them and got scared but now I want to make it right" it was a 4 date no mention, turn to her after the fact and say, " oh by the way I have genital herpes" that's awfully reptilian for me.

 

for all we know, his OBs occur in the condom area, he could have been having one at the time. something made the jury ( 6 or 12 people, not some on high magistrate with a wig) find him guilty, and quick. I have herpes and if I were on the jury and found out he knew, he was having an ob and a condom that he took off would have covered the ob or area of ob then yes, I too would have found him guilty. guess I lose my hopp bonafides for that opinion.

 

anyway, this is all subjective and seems to be getting confrontational and that's not how I mean it nor want it. we have differing opinions ( everyone else's is wrong by the way :) ).

[fitgirl]

No harm in different opinions, that's what make this site and living in a democracy so great! :) I can always arm wrestle you to settle the debate ;)

[seeker]

OK ill take it, men have more upper body strength in general and I probably out weigh you by 70 lbs minimum. just don't ask me to race, im good for about 5 yards

[WCSDancer2010]

One last point about the law regarding passing on a STD... I *believe* the law came out in the middle of the HIV/AIDS panic ... because at the time that one was pretty much a guarantee to be fatal... and even now it's a very expensive disease to keep under control.... I don't think it was really meant to be for the "lesser" STD's ... certainly not with that kind of payout :/

[seeker]

@ wcsdancer I agree on the premise about the lesser stds and the laws. the payout though we need to remember that punitive damages are 3x the award so it was technically 300k, a much smaller amount. also if it had been hiv im betting there would have been another zero if not 2.