Hey all,
In 2000, I think I was infected with Herpes Simlex Virus type 1 by my then husband.
After 10 months of marriage, I contracted viral meningeoenchephilitis, hospitalized for 5 days, it was cured with intravinous acyclovir. I have had limited sexual partners, none with a STD. My now x husband said he did not have one either, however he constantly had mouth ulcers, and when I asked what they were from his reply was "too much spaghetti", "too much acidity". I never even thought it was HSV until I read about a MSDS sheet on Public Health website today. 8 weeks after my about of life threatening illness, he left me and tried to remove our 1 year old son from my care. He works at a Nuclear Plant and makes a good living, I have not worked since being released from the hospital due to Brain Injury (migraines, depression, fatigue, sleep disorder), symptoms I never had previous and do not run in my family. I received full custody of our son, child support and limited spousal support, yet he continues to litigate me to point of financial ruin. Everybody wants to think this is OK, its not. Can I take him to civil court for not informing me of this possible STD, can he be held accountable. Its been nothing but a wait and see game for doctors and lawyers for me to go back to work, but I don't think I can be responsible for on time product or work service for liable employers. I believe he knew and did nothing, cause he did not want confirmation, now I'm almost destitute at 42. Any suggestions?

I'm sorry but I don't think you would prevail in a lawsuit against the ex for disease transmission unless you had doctor's records for him showing that he had it prior to your marriage and that you did not have this disease. Also, he could claim that you got the disease from someone else. Unless it was a life threatening disease such as AIDS or HIV that would be different.

I don't think herpes is a life threatening disease.

You may want to ask an attorney about this but he would not take the case on a contingency basis but demand his fee up front for any legal work done on your behalf.

You aren't required to notify partners of possible diseases. You are supposed to notify them of definite medical problems. After you began to suspect he had infected you did you stop sharing his bed?

If you are looking at this possible action as some sort of revenge tactic you are making a mistake. Your entire medical history will be dragged into Court, he could make the claim that you infected him, I see no definitive medical proof of anything (and I realize you have not posted your life story) and the Court will see this as an attempt to embarrass him.

If he is beating you over the head with Court papers then you need to find another Attorney who will do a better job for you and allow you to win (minimally) once in a while.