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California Herpes Law

The California Department of Health requires health professionals who treat individuals infected with certain sexually transmitted diseases to report the infection to the state Health Department. The requirement excludes genital herpes.

  1. Significance

    • Plaintiffs have received large damage awards in California based upon allegations of intentional infection.

    Identification

    • In a landmark court case in 2009, a 56-year-old California plaintiff sued a 77-year-old man for intentionally infecting her with the virus.

    Size

    • The woman who sued the man received $4 million in compensatory damages and another $2.75 million in punitive damage. The case became the largest award of this type. Her case alleged that the defendant blatantly disregarded her health because he knew of the infection, and with no herpes cure, this infection would affect her for the rest of her life.

    Considerations

    • The jury based its award upon Section 3198 of the California Public Health and Safety Code, which provides that a person who infects another with an STD is guilty of a misdemeanor offense. According to the court's analysis, people with herpes have an ongoing duty to avoid infecting another by avoiding sexual relations or at least disclosing health status.

    Benefits

    • California courts generally uphold the requirement and might award damages to individuals who fail to inform their partners of the infection.

    Disclaimer

    • Because laws frequently change, you should not use this information as a substitute for legal advice. Seek an attorney's advice licensed to practice in your jurisdiction.

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