[Question #13288] Being Sued

 
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20 days ago
I disclosed to my partner I had herpes, he contracted the virus after 4 months of dating. I broke up with him 2 months later. He got mad , and is now suing me for assault, negligence and fraud. Do you have any lawyers in Austin, TX that could help me? Any advice? 
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Terri Warren, RN, Nurse Practitioner
18 days ago
Do you have anything in writing that says you told him about the HSV so you can defend yourself if he says you didn't tell him?  Anything in a text, for example?  Did he nave a negative herpes antibody test at any point in the relationship that you know about?  How was he diagnosed? swab test, blood test?  There are some very specific things that are necessary to succeed in a lawsuit involving herpes.If you give me more information, I can help you more.

Terri
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18 days ago
Hi! Thank you so much for the help. I do have us talking about it in text messages. I also told my friends when I told him. He states that he had a “clean test” before we dated however I don’t know if that test was specifically for Herpes it included Herpes test. If so I suspect he already thought he had it for some reason. I’m guessing he just asked for a STD screening which wouldn’t include a Herpes test from what I understand. During our relationship I took Valacyclovir and I’ve only had one break out my entire life and it wasn’t while we were dating, it was years ago. About four months after we had been dating he got a sore, he had it swabbed and then had a blood test that he states was positive. 
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Terri Warren, RN, Nurse Practitioner
18 days ago
OK, if the swab was positive and the blood test was positive, then he already had this infection, it was not new.  He had both virus present on the skin AND had already developed antibody.  With a new infection, one has virus on the skin but no antibody as not enough time has gone by for antibody to be developed.
With proof of your disclosure in writing AND a positive antibody test, he has no case whatsoever.  That doesn't mean that he won't sue you, but it won't go anywhere.  I would suggest that you have a video consult with me and we can talk more about how to deal with this.  I can also recommend a very good lawyer who handles these kinds of cases or you could just email him that with disclosure in writing and a positive antibody test, he has no case and see what happens.  Maybe try that first.

Terri
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17 days ago
Thank you so much! That makes me happy cry. I would love to do a video chat… how do I do that? 
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Terri Warren, RN, Nurse Practitioner
17 days ago
go to westoverheights.com and follow the link to "get a consult" or something like that.
Terri  Warren
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