On Point News reports that an Iowa man who transmitted HPV to his girlfriend is liable to her for $700,000 in compensatory damages and $800,000 in punitive damages.
Karly Rossiter, 25, has been diagnosed with both strains of the human papillomavirus (HPV), one of which causes genital warts and the other cell abnormalities that can lead to cervical cancer. In a petition filed in March 2007, she alleged that Dr. Alan Evans, a Muscatine, Iowa, dentist, infected her during their 18-month relationship and failed to warn her to take appropriate steps to protect herself from infection. (source)
The jury rejected Rossiter’s battery claim — which would have required a determination that he knowingly gave her HPV — a claim he denies. While there was some testimony that suggested he may have known, there is no FDA approved test for HPV in men, and it shows no symptoms in some men.
Nevertheless, Dr. Evans volunteered that he was “disease free” — a warranty that was apparently void. The jury found him responsible for negligently infecting his ex girlfriend. Under that standard, Rossiter only needed to prove that “under the totality of the circumstances,” Evans had reason to know that he was infected.
This seems like a fair decision. More importantly, it demonstrates that our existing tort laws are sufficient to cover even negligent, but unknowing, transmission of an STD. This should be another nail in the coffin for any calls to create a new legal scheme for “intentional sex torts.”
By Email
By RSS Feed
marcorandazza
Tara Warrington
blevinsj
AGhostInTheSnow
Christopher Harbin
jesschristensen
Tatiana
Bob
jfischer1975
smoconnor
mattcsanchez
tarakirstenk
August 15, 2008 at 10:30 am |
I’ll bet the cross examination on contributory negligence was something to hear.
September 3, 2008 at 8:15 am |
[...] Legal Satyricon says the jury’s $1.5 million award “seems like a fair decision” (Aug. 15). Reader Scott M. isn’t so sure, writing in email, “One has to wonder how the other [...]
September 6, 2008 at 5:31 pm |
I have it on good authority that this law student provocative model woman fabricated the whole case with the express intent to make the man pay as severely as she knew how for rejecting her. I have no idea why the jury seemed to have overlooked the testimony and medical records showing the lady had a bad pap 2 years before meeting the man, and that she was sexually active since age 17. Did anyone hear the male’s testimony that he did not have sex with her until months AFTER her January 11 2005 positive HPV finding (of which SHE did NOT inform HIM..he only learned of it from her Court papers when served). This woman even phoned several of the man’s previous girlfriends to inquire whether any had STDs and could find none who did. The man’s medical records were also clean…never had any sign nor symptom of anything.
Regarding dating a patient, she had never been his patient, nor had they even met, until that December 2004 when her mother (who was a patient), phoned an begged him to perform some needed work on her daughter while she was home from school and while their insurance deductible was already met for the year. He reluctantly worked her into his full schedule and the young lady invited him to stop by her apartment on New Year’s Eve. He did go for awhile, but did not do anything to her. The woman zealously pursued him until he was finally able to break off contact with her. For several months whenever he had tried, the woman had threatened suicide..walked into traffic etc. Police records document some of her weird behaviors. Then the Internet threats and smear campaign started and finally this law suit.
What is this world coming to when anyone can just say anything more convincingly than some nice honest person and get this kind of reward for it?