Washington Jury Awards Millions to Woman Infected with a Sexually Transmitted Disease

TACOMA, Wash., Aug. 30, 2022 /PRNewswire/ -- A Tacoma, Washington jury has awarded $2.58 million to a woman infected with herpes simplex virus, type 2 by her former partner who knew he was infected but did not disclose it to her before they had sexual intercourse. 

Shaun Murphy, a partner in the law firm Slovak Baron Empey Murphy & Pinkney, LLP who represented the plaintiff, says that he is pleased with the outcome for his client whose life has been so negatively impacted, and he hopes that it will increase awareness of this extremely important issue. 

"I suspect that most people do not know that in every state in the U.S., it is unlawful for any person who has a sexually transmitted disease, when they know they are infected, to transmit the disease to another person through sexual intercourse or to even have sexual intercourse with another person unless they have informed their partner that they are infected with a sexually transmitted disease," said Murphy. "In fact, it is considered fraud to knowingly endanger another person in this way which exposes the person who transmits the STD to potential civil law claims for substantial monetary damages." 

"In STD cases like this one, the plaintiff must establish four things to prove fraud was committed against them, which are the same in every state in the U.S.," adds Murphy: that the defendant was infected, that they knew they were infected, that they failed to disclose it, and that they transmitted the infection to the plaintiff."

The jury in Tacoma unanimously found that the defendant knew that he was infected with the herpes virus since the 1970s and that he failed to disclose having herpes to the plaintiff. The jury concluded that the defendant committed fraud by falsely claiming he was not infected when the plaintiff specifically asked him about STDs.

The Washington case is one of several trial victories and settlements Murphy has achieved on behalf of victims of herpes simplex virus transmission throughout the United States. He has achieved the largest verdict in the United States and in the states of California, Washington, and Texas. Murphy has six of the top ten largest reported verdicts and settlements in the United States.

"We truly hope the Tacoma verdict sends a strong message to people throughout the United States who are infected with sexually transmitted diseases that they must disclose having the disease before engaging in sexual intercourse with any others," said Murphy. "It is also important for those who have suffered harm after being infected due to another's negligent or intentional conduct to know they have a legal remedy."

SOURCE Slovak Baron Empey Murphy & Pinkney