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You CAN be sued for not telling someone you had herpes. I can find many references to the filing of this case, and none to how it was eventfully settled. Also in , this was making headlines: The decision upheld the right of Jane Maharam, 56, to sue her former husband Robert, 56, on her claim that he had herpes and did not tell her. The court found that such partners have a legal duty to inform each other about their venereal diseases. So, legal experts have begun to ask whether the responsibility for taking precautions should be shared.
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What Causes Herpes Outbreaks

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What Causes Primary and Recurrent Herpes Outbreaks?

Herpes simplex virus 2 is typically contracted through direct skin-to-skin contact with an infected individual, but can also be contracted by exposure to infected saliva, semen, vaginal fluid, or the fluid from herpetic blisters. Even microscopic abrasions on mucous membranes are sufficient to allow viral entry. HSV asymptomatic shedding occurs at some time in most individuals infected with herpes. Concurrent infection with HIV increases the frequency and duration of asymptomatic shedding.
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23 Years of Herpes Lawsuits – Do You Have to Tell You Have Herpes and When?

Vital information about herpes What Causes Herpes Outbreaks The herpes simplex virus comes in two forms: Herpes simplex virus type 2 cause genital herpes that lead to breakouts of genital sores. Herpes simplex type 1 typically causes cold sores or blisters around the mouth but can be transmitted to the genital area by way of oral sex oral to genital contact.
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When the herpes virus is not active on the surface of the skin it resides in a sleeping state inside the nerve cells and other tissues. At times which cannot always be predicted , the virus will become active and travel the nerve pathways up to the surface of the skin. It is possible for the virus to be actively shedding itself at the site of infection without showing any visible signs or symptoms.
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