Negligent Transmission of Sexual Diseases
In California, you can potentially sue if someone intentionally or negligently infects you with a sexually transmitted disease (STD). California recognizes legal claims for both intentional and negligent transmission of STDs.
In 2023, Eric and Pamela Traut tried a jury trial in Orange County on behalf of a woman who was infected with high-risk HPV that her now ex-husband got from his mistress. The challenge was proving the defendant knew or should have known he was infected. This, because there is no available diagnostic test to determine if a male has HPV. Presenting a detailed timeline of events, including lab results of the plaintiff and the mistress, carried the day. The jury awarded $160,000, more than three times what the ex-husband had offered before the four-day trial.
Here’s a breakdown of each type and what’s generally required in California:
1. Intentional Transmission
Intentional Transmission is when the person knew they had an STD and deliberately concealed it or took steps to infect someone.
To succeed in this case, you’d need to prove that:
- The person knew they were infected with an STD.
- They concealed this information or misled you, failing to disclose it. Their actions were intended to expose you to the STD.
This could involve seeking damages for emotional distress, physical harm, and related medical costs.
2. Negligent Transmission
Negligent Transmission occurs when the person may not have intentionally tried to infect you, but they acted carelessly or irresponsibly, leading to exposure.
You would need to establish:
- The person either knew or should have known they had an STD.
- They failed to act with reasonable care in disclosing their condition or preventing transmission.
- This lack of care directly resulted in your infection.
Damages could include compensation for medical bills, pain and suffering, and other impacts.
Legal Experts Needed
To build a strong case for negligent transmission, several types of experts may be necessary:
1. Medical Experts –
These professionals provide testimony on the nature of the disease, its transmission, and medical records that confirm when the infection likely occurred and how it was transmitted. For the case tried by Eric & Pamela, they had both a treating OB-GYN and a forensic OB-GYN who reviewed all the evidence and testified it was very likely the plaintiff was infected by the defendant.
2. Epidemiologists –
They help establish the link between the defendant’s infection and the plaintiff’s contraction of the disease.
3. Psychological Experts –
Often required in cases involving emotional distress claims, they can testify about the mental and emotional impact of the infection. If the sexually transmitted disease is one that can potentially cause cervical cancer, the emotional impact of that fear can be significant and very real.
4. Infectious Disease Specialists –
Particularly for cases involving unique transmission patterns, they provide evidence on whether the infection could be linked to the defendant.
5. Forensic or Sexual Health Experts –
In cases where multiple sources of infection could be involved, forensic experts may be needed to determine the likelihood of infection from the defendant.
Finally, California’s civil code allows for claims based on both intentional infliction of emotional distress and negligence. Proving intentionality is usually more challenging but can lead to punitive damages if proven.
Contact Eric or Pamela for a free consultation and review of your evidence.
