Legal Question in Personal Injury in Florida

Can I seek damages from my husband's ex-wife for an STD she withheld from him an

Here's the short of it: I married my husband knowing his ex-wife had concealed her having Herpes to him until he contracted it - yes - I contracted it but that's not the issue. The issue is that one year after they divorced and we married (he practiced safe sex between and I ALWAYS HAVE) he came down with genital warts. Upon discussing how it could have happened, he told me the only other thing she had at any time was chlymidia and just before they divorced he took her to the doctor to have it burned off. I was mortified! During college I took sex-ed/health classes and I know that particular STD is treated w/ antibiotics. The only thing burned off a cervix is warts. Now...I have herpes which I took a chance on getting, and can live with it, but most likely now will also contract warts (too late for condoms folks) which increases my risk of cervical cancer. Do I have any recourse against this woman?


Asked on 6/13/02, 4:07 pm

1 Answer from Attorneys

Peter Gonzalez Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & MachadoLLP

Re: Can I seek damages from my husband's ex-wife for an STD she withheld from hi

I don't have a definitive answer for you but my guess is that one always assumes the risk of contracting a disease when one has sex with another person that has a sexual history of unprotected sex. In your particular case, you already knew about the herpes, which suggests that it was possible that other STDs may have been contracted by your spouse from his ex-wife. Even if you had a viable cause of action, which you may or may not have (I don't know), surely the ex-wife might defend herself by pointing the finger at other women your husband may have had sex with. That can open up another can of worms that may be uglier than the warts you refer to in your e-mail. I would focus on receiving proper medical attention and on making sure that your husband gets checked up for any other possible STDs he may have previously contracted, and focus less attention on a lawsuit that may not have any legal basis. However, if you have decided to take legal action, retain legal counsel to research the issue. Good luck.

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Answered on 6/13/02, 4:14 pm


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