Spread Herpes, Get Sued (Full Version)

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JackHammer2000 -> Spread Herpes, Get Sued (12/27/2006 9:35:57 AM)

http://www.thesmokinggun.com/archive/0405051vick1.html
 
quote:

Michael Vick Hit With Sex Suit

Woman claims star NFL quarterback passed along herpes in 2003

APRIL 5--Claiming that Michael Vick gave her herpes, a Georgia woman is suing the star NFL quarterback for negligence and battery.

According to the lawsuit, Sonya Elliot, a 26-year-old health care worker, was infected with the sexually transmitted disease in April 2003 after an unprotected encounter with Vick at the athlete's Duluth, Georgia home.

Elliott alleges that after testing positive for Herpes Simplex 2, she confronted the Atlanta Falcons star, 24, about her condition.

"I've got something to tell you. I've got it," Vick admitted to her, according to Elliott's State Court complaint, which alleges that Vick then told her that "he had not known how to tell her about his condition, and that it was not something that he liked to talk about."

Elliott's complaint also contends that Vick "apologized profusely" for not telling her he was infected with the STD.

Elliot's lawsuit alleges that Vick has used the name "Ron Mexico" and, in a related court filing, her lawyers are seeking Vick's admission that he used the "Mexico" alias--and perhaps other fake names--"for the purpose of herpes testing and/or treatment."

In her lawsuit, which does not specify monetary damages, Elliott states that she met Vick at a Virginia Beach nightclub in May 2001 and, shortly thereafter, began a close personal relationship with the football star (though the couple did not have sex until late-2002).

Last December, Vick, the top overall pick in the 2001 National Football League draft, signed a ten-year, $130 million contract with the Falcons, the richest deal in league history.




juliaoceania -> RE: Spread Herpes, Get Sued (12/27/2006 10:45:00 AM)

quote:

According to the lawsuit, Sonya Elliot, a 26-year-old health care worker, was infected with the sexually transmitted disease in April 2003 after an unprotected encounter with Vick at the athlete's Duluth, Georgia home.


Condoms will not protect someone from getting herpes anyways, just thought I would throw that out there because for one it is important information, and two since it would not have protected her to use a condom it is not germane to the story in my opinion.

I think that people who knowingly have sex with others when they have an STD and do not inform their partner open themselves up for law suits like this, so if he knowingly had sex with someone without informing them of his disease status his partner deserves to have some recompense for it. It has not been proven if this is the case here, but if that is indeed what happened I wish this lady luck.




KatyLied -> RE: Spread Herpes, Get Sued (12/27/2006 11:00:27 AM)

According to wiki it was settled out of court for an undisclosed amount.  For a while the Falcons #7 jersey was being ordered with the name Mexico.  After the lawsuit the NFL put a stop to that.




NeedToUseYou -> RE: Spread Herpes, Get Sued (12/27/2006 11:27:19 AM)

I think he should get sued. If a person know that have a disease that can be passed and don't tell the other person before having sex with them, that is intentionally spreading it.  It should be the same as physcal assualt.  There is no difference,  in both cases they are knowingly causing harm to another person.








defiantbadgirl -> RE: Spread Herpes, Get Sued (12/27/2006 12:26:39 PM)

Herpes is spread so easily. HSV-1 can be spread to the genitals through oral sex, just like HSV-2 can be spread to the mouth through oral sex. That means if someone has HSV-2 in their mouth, it can be passed to someone else just by sharing a drinking straw. What about children who have cold sores? I'm sure many of them don't wash their hands before wiping themselves when they use the restroom. Both HSV-2 and HSV-1 can be spread with no sexual contact whatsoever. Both types of the virus shed between outbreaks, so no sores have to be present for someone to catch it. According to statistics, 85% of the population has HSV-1. Yet they say that only 25% have genital herpes. Does that mean only 25% of the population engages in oral sex? I have a hard time believing that. The health department where I live doesn't even check for herpes when screening for STD's because they say most people test positive. Cold sores are cold sores regardless of where they are located. I think people need to stop making such a big deal about it.




Chaingang -> RE: Spread Herpes, Get Sued (12/27/2006 12:41:12 PM)

Herpes is REALLY common. Most people (americans) actually have it, asymptomatically and otherwise. The adult infection rate may be as high as 90% for oral herpes (simplex 1) and around 40% for genital herpes (simplex II). FWIW, simplex I can cause infection on the genital area - connect the dots. Further, it can transmit asexually. Let's say a mother kisses her child on the lips or belly in an affectionate manner - she's not even symptomatic, nor does she know she carries herpes, but she is unknowingly virally shedding - she can still pass this infection to her child.

How many of you have tested for it to rule it off as an area of concern? My guess is that none of the people in this thread have been tested for it, including myself. The tests do currently exist but I can't see the point of them for anyone over 20 years of age that is sexually active. What they test for is the antibody, and 1 in 2 will absolutely have it.

It's a harassment suit.

Source:
"By the time they're teenagers or young adults, about 50% of Americans have HSV-1 antibodies in their blood. By the time they are over age 50, some 80-90% of Americans have HSV-1 antibodies."
http://www.herpes.com/hsv1-2.html

Edit: I see defiantbadgirl has beat me to the post!




juliaoceania -> RE: Spread Herpes, Get Sued (12/27/2006 1:07:46 PM)

Are you saying that someone with a cold sore can give the recipient the simplex 2 variety of herpes, I thought they were different forms of the virus.





NeedToUseYou -> RE: Spread Herpes, Get Sued (12/27/2006 1:08:53 PM)

hrmmm, well, I think most people refer to Herpes as the Type II infecting the genitals.

I see know reason even after reading that article not to give someone the benefit of telling them they have Herpes, only 22% it said had genital Herpes caused by Type II. Type I infections it stated either cause cold sores in the mouth if that is the infected region and rarely manifest themselves at all in the genitals.

Type I is pretty easy to identify, I know lot's of people that get cold sores, and I never eat or drink after them and never have gotten a cold sore. But Type II genital Herpes you can't visually see and make a decision about whether to take a chance at getting it. And I'd wager that is what the lawsuit was about, genital herpes Type II that only 22% of the population have.




SirStephan55 -> RE: Spread Herpes, Get Sued (12/27/2006 1:21:15 PM)

There are many types of Herpes Viruses. Shingles for example is a herpes virus.
Also, condoms do help protect against the spread of herpes. Herpes does not generally pass through latex condoms. Also herpes does not live long outside the body so it is very unlikely to get it from toilet seats, etc.

http://www.mayoclinic.com/health/genital-herpes/DS00179
http://www.cdc.gov/std/Herpes/STDFact-Herpes.htm
http://www.herpes.com/Precautions.shtml




KatyLied -> RE: Spread Herpes, Get Sued (12/27/2006 1:23:12 PM)

I thought shingles had something to do with Chicken Pox.  I didn't realize it was herpes.




defiantbadgirl -> RE: Spread Herpes, Get Sued (12/27/2006 1:24:03 PM)

So now only 22% of the population engage in oral sex? I seriously doubt the health department is wrong. Not eating or drinking after someone with visable cold sores will NOT protect you against herpes. Both oral and genital herpes shed when there are no sores present. Unless you never kiss anyone or engage in oral sex, sooner or later you will be exposed. Do you think every woman runs to the doctor every time she has a bump down there? I tried that once and it was an ingrown hair. That doesn't mean I don't have herpes though. I trust the health department and if most people have it anyway, I think it's foolish to even worry about it.




juliaoceania -> RE: Spread Herpes, Get Sued (12/27/2006 1:47:00 PM)

quote:

ORIGINAL: SirStephan55

There are many types of Herpes Viruses. Shingles for example is a herpes virus.
Also, condoms do help protect against the spread of herpes. Herpes does not generally pass through latex condoms. Also herpes does not live long outside the body so it is very unlikely to get it from toilet seats, etc.

http://www.mayoclinic.com/health/genital-herpes/DS00179
http://www.cdc.gov/std/Herpes/STDFact-Herpes.htm
http://www.herpes.com/Precautions.shtml



Herpes is most contagious when there is an active outbreak. Here is what one of those links stated in the text of it (precautions link)

condoms. When properly used, such condoms are likely to reduce your risk of spreading or getting herpes. Nonlatex polyurethane condoms break up to five times more often, but even the best latex condoms don't guarantee safety. Sometimes herpes sores occur in places not covered by a condom. In these cases, the condom is of little help, if any. In fact, condoms and foams should not be relied upon when herpes sores or symptoms are present.
 
It is well and good to use condoms when having sex to protect against many STDs, but in the case of herpes one should not have sex even with a condom during an outbreak. Since most people become infected when their partner has an active outbreak condoms would not be very useful.
 




NeedToUseYou -> RE: Spread Herpes, Get Sued (12/27/2006 1:48:08 PM)

quote:

ORIGINAL: defiantbadgirl

So now only 22% of the population engage in oral sex? I seriously doubt the health department is wrong. Not eating or drinking after someone with visable cold sores will NOT protect you against herpes. Both oral and genital herpes shed when there are no sores present. Unless you never kiss anyone or engage in oral sex, sooner or later you will be exposed. Do you think every woman runs to the doctor every time she has a bump down there? I tried that once and it was an ingrown hair. That doesn't mean I don't have herpes though. I trust the health department and if most people have it anyway, I think it's foolish to even worry about it.


I got that figure from the link chaingang provided.  I have no idea where your oral sex fascination is coming from. Herpes I generally is present in the mouth and doesn't generally manifest in open sores if passed to genitals. So, getting a blowjob from someone wit Herpes I will most likely cause the recepient no mental or physical harm from sores on their genitals. Herpes II which the article said only 22% of the population carry tends to cause the genital outbreaks in the genitals.


I think you equating all Herpes to be the same.  It stated they are geneticly similiar but only the type II generally results in the full outbreak of herpes sores on the genitals. Type I does that as cold sores on the mouth, but rarely on the genitals.







defiantbadgirl -> RE: Spread Herpes, Get Sued (12/27/2006 1:59:59 PM)

I think most people are aware that it can spread during an outbreak and take precautions. But many people are still catching it because it is spread by viral shedding. The only thing that will stop the spread of this very contagious virus is a vaccine. I bet there would already be one if the money spent on Valtrex commercials would have been given to scientists instead. I recently heard there is vaccine for HPV. At least people with genital warts no longer have to worry as long as their partners get vaccinated.




defiantbadgirl -> RE: Spread Herpes, Get Sued (12/27/2006 2:05:07 PM)

quote:

ORIGINAL: NeedToUseYou

quote:

ORIGINAL: defiantbadgirl

So now only 22% of the population engage in oral sex? I seriously doubt the health department is wrong. Not eating or drinking after someone with visable cold sores will NOT protect you against herpes. Both oral and genital herpes shed when there are no sores present. Unless you never kiss anyone or engage in oral sex, sooner or later you will be exposed. Do you think every woman runs to the doctor every time she has a bump down there? I tried that once and it was an ingrown hair. That doesn't mean I don't have herpes though. I trust the health department and if most people have it anyway, I think it's foolish to even worry about it.


I got that figure from the link chaingang provided.  I have no idea where your oral sex fascination is coming from. Herpes I generally is present in the mouth and doesn't generally manifest in open sores if passed to genitals. So, getting a blowjob from someone wit Herpes I will most likely cause the recepient no mental or physical harm from sores on their genitals. Herpes II which the article said only 22% of the population carry tends to cause the genital outbreaks in the genitals.


I think you equating all Herpes to be the same.  It stated they are geneticly similiar but only the type II generally results in the full outbreak of herpes sores on the genitals. Type I does that as cold sores on the mouth, but rarely on the genitals.






Apparently you haven't heard the latest findings. Researchers are finding out that genital herpes can be caused by either HSV-1 or HSV-2. They are also finding out that HSV-2 can be spread to the mouth. That's why my local health department doesn't test for it. Either form can cause bumps in either area, so it really doesn't matter.




NeedToUseYou -> RE: Spread Herpes, Get Sued (12/27/2006 2:52:17 PM)

quote:

ORIGINAL: defiantbadgirl

quote:

ORIGINAL: NeedToUseYou

quote:

ORIGINAL: defiantbadgirl

So now only 22% of the population engage in oral sex? I seriously doubt the health department is wrong. Not eating or drinking after someone with visable cold sores will NOT protect you against herpes. Both oral and genital herpes shed when there are no sores present. Unless you never kiss anyone or engage in oral sex, sooner or later you will be exposed. Do you think every woman runs to the doctor every time she has a bump down there? I tried that once and it was an ingrown hair. That doesn't mean I don't have herpes though. I trust the health department and if most people have it anyway, I think it's foolish to even worry about it.


I got that figure from the link chaingang provided.  I have no idea where your oral sex fascination is coming from. Herpes I generally is present in the mouth and doesn't generally manifest in open sores if passed to genitals. So, getting a blowjob from someone wit Herpes I will most likely cause the recepient no mental or physical harm from sores on their genitals. Herpes II which the article said only 22% of the population carry tends to cause the genital outbreaks in the genitals.


I think you equating all Herpes to be the same.  It stated they are geneticly similiar but only the type II generally results in the full outbreak of herpes sores on the genitals. Type I does that as cold sores on the mouth, but rarely on the genitals.






Apparently you haven't heard the latest findings. Researchers are finding out that genital herpes can be caused by either HSV-1 or HSV-2. They are also finding out that HSV-2 can be spread to the mouth. That's why my local health department doesn't test for it. Either form can cause bumps in either area, so it really doesn't matter.


Okay, can you give me source that states such. As I've already said both forms can spread to either area. The only difference in what I'm stating is that when the virus isn't in it's ideal area it rarely manifests in sores. So, Herpes 1 can be in the genitals but rarely would cause an outbreak, and Herpes 2 can be in the mouth but rarely would cause an outbreak. And seeing the large difference in those infected with Type 1 versus Type 2 it would seem to lead to the conclusion that Type 2 doesn't as readily spread when in the mouth, or else the percentages of infections would be nearer to each other.

Here's a quote from  herpes.com I'd assume they more than likely take the subject seriously.
quote:



For example, most people infected with HSV-1 in the genital area have few, if any, outbreaks after the initial episode, far fewer than is typical with either oral HSV-1 or genital HSV-2. While experts estimate that some 30% of genital herpes infections in the United States may be caused by HSV-1, only 2- 5% of recurring genital outbreaks are caused by HSV-1. Research conducted by Lawrence Corey, MD, and colleagues at the University of Washington in Seattle shows that genital HSV-2 recurs 10 times more often than genital HSV-1.



So 1 and 2 are not apples and apples.



Either way, I'm at loss why trying to prevent spread of a disease would be considered a bad thing, or why knowingly spreading a disease wouldn't be bad.







defiantbadgirl -> RE: Spread Herpes, Get Sued (12/27/2006 3:13:33 PM)

Then why was I told that it doesn't matter which form someone has because both can cause visible sores in either area? I asked if herpes was included in my yearly STD screen and the Health Department said they never check for that because most people have it. I was told not to even worry about it




juliaoceania -> RE: Spread Herpes, Get Sued (12/27/2006 3:36:25 PM)

quote:

ORIGINAL: defiantbadgirl

Then why was I told that it doesn't matter which form someone has because both can cause visible sores in either area? I asked if herpes was included in my yearly STD screen and the Health Department said they never check for that because most people have it. I was told not to even worry about it


Ok, both of these viruses look nearly identical, so perhaps the health department does not have a test that differentiates one form from the other... it does not mean they are identical, in fact from the little I have read they are not. I think you should ask the health department if there is a difference and if oral sex can spread the different types to different places.




NeedToUseYou -> RE: Spread Herpes, Get Sued (12/27/2006 3:36:35 PM)

quote:

ORIGINAL: defiantbadgirl

Then why was I told that it doesn't matter which form someone has because both can cause visible sores in either area? I asked if herpes was included in my yearly STD screen and the Health Department said they never check for that because most people have it. I was told not to even worry about it


I don't know. My guess would be since Herpes isn't usually life threatening they've deemed it as not a priority for testing, and fed a line to the lower people. Just a guess though.

But both can cause sores in both areas the difference is that the likelyhood it will manifest is different. Like it said above in the quote it's 10 times more likely for Herpes 2 to manifest in sores than hepres 1 when in the genitals.

I think they should test for at least Herpes 2, but that's stating the obvious. LOL.






Chaingang -> RE: Spread Herpes, Get Sued (12/27/2006 4:48:14 PM)

Here's some stuff from CDC:

Results of a nationally representative study show that genital herpes infection is common in the United States. Nationwide, at least 45 million people ages 12 and older, or one out of five adolescents and adults, have had genital HSV infection. Between the late 1970s and the early 1990s, the number of Americans with genital herpes infection increased 30 percent.

Genital HSV-2 infection is more common in women (approximately one out of four women) than in men (almost one out of five). This may be due to male-to-female transmissions being more likely than female-to-male transmission.

http://www.cdc.gov/std/Herpes/STDFact-Herpes.htm#common

Comment: looks like 40% was out of range, although I am sure I have seen it stated as such before. 25% of women is not much better anyway. And Simplex I is still infecting most of the population - you are more likely to meet people that have it than don't have it.

---

I don't want to run off into digression land, but genital warts are also extremely common and have a very high rate of incidence.

"Approximately 20 million people are currently infected with HPV. At least 50 percent of sexually active men and women acquire genital HPV infection at some point in their lives. By age 50, at least 80 percent of women will have acquired genital HPV infection. About 6.2 million Americans get a new genital HPV infection each year."
http://www.cdc.gov/std/HPV/STDFact-HPV.htm#common

Comment: Given the legal hypo suggested by the OP, you could sue for genital warts transmission and it might even prove lucrative given the extremely high incidence of the infection. Odds are very good that any intended lawsuit target would indeed have it.




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