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California Woman Awarded $7 million (and a BMW) in Herpes Transmission Case

There is an interesting verdict out of Riverside, California this week. A 56-year-old woman (identified only as Patricia) was awarded $7 million and a BMW sedan for exposure to herpes but a 77-year-old man.

The lawsuit alleged that the man knew that he had herpes for 25 year before the sexual relationship but did not disclose it and did not wear protection.

Patricia was awarded $4 million in compensatory damages and $2.75 million in punitive damages as well as a BMW car that the man (identified only as Thomas) had originally given her as a gift.

The size of the compensatory damages and punitive damages make this case particularly notable. These cases are often brought not only under negligence but as battery claims. While the sex is consensual, there is no consent to be “touched” by an undisclosed disease. These cases have become more common, including some against celebrities.

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