Herpes Transmission Attorney

Herpes is primarily transmitted through direct skin-to-skin contact with an infected area. This can occur during vaginal, anal, or oral sex, as well as through kissing or sharing items like lip balm or utensils with someone who has oral herpes. It is also possible to contract herpes from an infected person even if they do not have visible sores or blisters, as the virus can still be active and shed from the skin.

Herpes is typically diagnosed through a physical examination and a review of symptoms by a healthcare provider. In cases where visible sores are present, a swab test can be performed to collect a sample from the sore and test it for the presence of HSV. Blood tests can also be used to detect antibodies against HSV, which indicate a past or current infection, even if the person does not have active symptoms.

Even if the sex was consensual, you may be entitled to file a herpes lawsuit on the basis of negligence – that is, failing to take appropriate steps to disclose the condition and prevent transmission despite having reasonable knowledge of the STD.

Liability can apply even if the person did not think they were contagious, or even if they didn't have actual knowledge of the STD. As long as someone should have reasonably known they were infected, they would be culpable for transmitting the virus.

If you contracted herpes during a non-consensual sexual encounter, you can seek damages through a sexual assault lawsuit. In these cases, the defendant can also face criminal charges for the sexual assault, as well as the crime of willful exposure to an STD. At KMD Law, we have a long history of success in representing victims of both STDs and sexual abuse.

Yes, a spouse can be held liable for giving their wife or husband herpes. Being married to the person they infected with an STD does not make someone immune from liability.

In order to recover compensation for a herpes transmission, you must file your lawsuit within the statute of limitations. Every state has a different statute of limitations for personal injury lawsuits and other civil claims. In some states, such as California, the statute of limitations is two years, but other states give only one year, and some up to five years.

A positive result strongly suggests a recent HSV infection. A small percentage of positive HSV-2 IgG results may be false-positive. Further testing may be appropriate for patients with a low or unexpected positive HSV-2 IgG result.

Not necessarily. A negative result does not rule out infection, because the specimen may have been collected before antibodies in the blood have reached detectable levels. This assay can detect HSV IgG antibodies as early as 3 weeks after the onset of symptoms. However, people seroconvert at different rates, and some do not seroconvert for 6 months or longer.

Genital ulcerative disease caused by herpes makes it easier to transmit and acquire an HIV infection sexually. There is an estimated 2-to-4-fold increased risk of acquiring HIV if individuals with genital herpes infection are genitally exposed to HIV. Ulcers or breaks in the skin or mucous membranes (lining of the mouth, vagina, and rectum) from a herpes infection may compromise the protection normally provided by the skin and mucous membranes against infections, including HIV. In addition, having genital herpes increases the number of CD4 cells (the target cell for HIV entry) in the genital mucosa. In persons with both HIV and genital herpes, local activation of HIV replication at the site of genital herpes infection can increase the risk that HIV will be transmitted during contact with the mouth, vagina, or rectum of an HIV-uninfected sex partner.

Neonatal herpes is one of the most serious complications of genital herpes. Healthcare providers should ask all pregnant women if they have a history of genital herpes. Herpes infection can be passed from mother to child during pregnancy or childbirth, or babies may be infected shortly after birth, resulting in a potentially fatal neonatal herpes infection. Infants born to women who acquire genital herpes close to the time of delivery and are shedding virus at delivery are at a much higher risk for developing neonatal herpes, compared with women who have recurrent genital herpes. Thus, it is important that women avoid contracting herpes during pregnancy.

Women should be counseled to abstain from intercourse during the third trimester with partners known to have or suspected of having genital herpes. While women with genital herpes may be offered antiviral medication late in pregnancy through delivery to reduce the risk of a recurrent herpes outbreak, third-trimester antiviral prophylaxis has not been shown to decrease the risk of herpes transmission to the neonate. Routine serologic HSV screening of pregnant women is not recommended. However, at the onset of labor, all women should undergo careful examination and questioning to evaluate for the presence of prodromal symptoms or herpetic lesions. If herpes symptoms are present, a cesarean delivery is recommended to prevent HSV transmission to the infant.

There are detailed guidelines for how to manage asymptomatic infants born to women with active genital herpes lesions.

In a very general sense, detection for HSV infections can be performed through visualization, culturing a lesion through a swab, or testing the patient’s blood. IMPORTANT: If you believe that you are experiencing a first-time outbreak of genital herpes, it is very important that you seek qualified medical care and have a blood test performed as soon as possible.

Often times an initial blood test will return as “negative” for HSV infection because the disease because the body has not yet metabolized HSV’s antibodies. Sometimes, it can take up to 100 days for the human body to produce HSV antibodies after contraction. Seeking a legal opinion at the onset of infection is extremely important. A newly infected patient should seek out a seasoned and experienced attorney at the outset.

There is no cure for herpes. Antiviral medications can, however, prevent or shorten outbreaks during the period of time the person takes the medication. In addition, daily suppressive therapy (i.e., daily use of antiviral medication) for herpes can reduce the likelihood of transmission to partners. There is currently no commercially available vaccine that is protective against genital herpes infection. Candidate vaccines are in clinical trials.

Correct and consistent use of latex condoms can reduce, but not eliminate, the risk of transmitting or acquiring genital herpes because the herpes virus shedding can occur in areas that are not covered by a condom. Persons with herpes should abstain from sexual activity with partners when herpes lesions or other symptoms of herpes are present. It is important to know that even if a person does not have any symptoms, he or she can still infect sex partners. Sex partners of infected persons should be advised that they may become infected, and they should use condoms to reduce the risk. Sex partners can seek testing to determine if they are infected with HSV.