A British personal trainer is suing a woman he went on a date with after being left with a “virus for life” that he claims resulted from their romantic encounter.
Martin Conway, 45, says he was left “traumatised” after contracting a cold sore from a woman he knew as “Jovanna Lovelace” when the pair pashed on a date.
He’s now demanding a payout of £136,328 ($A248,600) from Ms Lovelace, stating she failed to inform him she had the herpes simplex virus (HSV) when she had a “moral and ethical and legal duty” to warn him of the risks before they locked lips.
There are two types of HSV, both of which can occur on the mouth, lips and genitals, NSW Health states. While symptoms last between 7-10 days, you carry the virus for life and it can “flare up” at any stage.
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“I was upset, angry and very confused,” Mr Conway told The Sun, discussing the moment he discovered he had contracted the virus.
“I wanted justice and it was then I decided I wanted to take legal action against the respondent for the illness she brought upon me,” he said.
Describing his plight as being saddled with a “virus for life”, he went on to explain the woman – who he met in July last year after hitting it off on dating site Meetup.com – should have warned him.
“I did not freely enter into the risks relating to the injury or any type of contagion. I was kissed,” he claimed.
Several days after their date in London, Mr Conway says he became ill, developing flu-like symptoms and mouth ulcers.
As a result of his new lifelong condition, he claims it has stopped him from pursuing his “dream career” as a lawyer and left him too scared to leave his home.
He also claims he can no longer go cycling, as he worries that the heat and stress will cause a flare-up, The Sun reports, adding the psychological implications were “hard to manage”.
In total, he is claiming £136,328 ($A248,600) in compensation from his date, most of which he claims is to cover fortnightly therapy sessions he requires until the age of 79 as well as lost earnings.
However, his date is fighting back, with lawyers for the woman blasting his legal bid as “frivolous and vexatious” and is asking for the case to be struck out.
“The statement of case discloses no reasonable grounds for bringing the claim,” she says, according to The Sun, calling the action an “abuse of the process of the court”.
The case is set to be heard later this year.
Medical advice for those living with any form of herpes includes avoiding skin contact from the time of first symptoms – dubbed the warning “tingle” – and maintaining this for a week after the symptoms have gone. This helps prevent transmission NSW Health states.
However not everyone gets the “tingle” as some symptoms are asymptomatic, meaning those with herpes can be unaware they are contagious or that they even have HSV.
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