If Someone Gives You Herpes Can You Sue Them

If Someone Gives You Herpes Can You Sue Them – The Internet is abuzz over the news of the Los Angeles lawsuit: A man faces strict liability, negligence, intentional infliction of emotional distress and neglect of emotional distress after allegedly contracting oral herpes from Herpes lipstick, according to sample court documents. Suing beauty retailer Sephora. ,

You can’t put “herpes” in a title without people freaking out, so we’re here to unpack it for you.

If Someone Gives You Herpes Can You Sue Them

According to court documents filed Oct. 26 in Los Angeles County, the plaintiff tested positive for HSV-1, commonly known as oral herpes, “exactly coinciding” with a visit to Sephora in 2015. Where she had tried on a lipstick from “Regular Use”. Lipstick sample. The “lifetime of incurable pain” is causing her severe emotional distress, so she is suing for damages.

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The filing also argues that Sephora is to blame for any infections that occur in their stores because they display makeup samples and encourage their use. Prosecutors say the company also “provided pads and liquid to wipe lipstick and other makeup off the lips and faces of potential customers so they could try other lipsticks and makeup”. Of course, most of these pads, liquids, and wands are very explicitly designed to prevent customers from applying samples directly from the tube to their face, so it’s a bit of an exaggeration to say that their presence encourages dangerous use.

The suit alleges that Sephora employees should have clearly instructed customers not to apply makeup directly, instead using readily available disposable applicators because many users are “very young women and uneducated and unsophisticated women.” What is an offensive generalization about people wearing makeup? But hey, it’s not science. So what do we know.

Long story short: You can become infected if you use a shared makeup sample straight from the tube, and this lawsuit claims Sephora needs convincing. It also alleges that the store is liable for the emotional distress caused by Plaintiff’s HSV. Sephora released the following statement: “While it is our policy not to comment on legal proceedings, the health and safety of our customers is our top priority. We take product hygiene very seriously and are committed to best practices in our stores.” .

Which explains whether or not the plaintiff in this case got herpes from the Sephora lipstick. We’re just here to tell you, readers who may now be convinced that you’ll get herpes from lipstick, that you can never get herpes from lipstick. But it is absolutely possible!

Are All Cold Sores Herpes? Oral Vs. Genital Infection

Herpes is actually a good virus. HSV enters through any crack in the skin or mucous membranes and lives in your nerve cells, rarely making itself known. More on that in a minute.

Herpes is mainly spread through contact with skin or saliva. People with HSV are often not contagious, but sometimes—especially if they have symptoms like cold sores—they may experience a “viral outbreak,” which is exactly what it sounds like. Herpes cannot survive outside the body for long, but it is technically possible that it could live long enough to infect a new host if two people used the same lipstick very rapidly. especially if the other user has open wounds. Lips. When a similar case was filed against Mack in 2013, a doctor told Cosmopolitan that this could happen.

But it’s a rare enough form of transmission that, to name just one example, Planned Parenthood says you can’t get herpes from a drinking glass or food. Many other doctors and researchers say that this transmission may be technically possible, but it is unlikely. a particularly scary article from

That called ringworm “horrible,” citing a cosmetic dentist as a source. Please don’t ask the dentist to cure ringworm.

Herpes Myths That Need To Be Debunked Immediately

“There are really three challenges to determining whether a plaintiff is right,” Dr. Hunter Handsfield and former board member of the American Sexual Health Association.

, First, you must assume that the diagnosis is correct; Lipstick can cause an allergic reaction, which doctors may mistake for an outbreak of herpes. Such irritation can also occur

Ringworm outbreaks – these are more likely to occur on broken skin – if the claimant was already infected. Which leads to a second challenge: How do you know this was a new infection?

“Just because someone has never had a cold doesn’t mean anything,” Handsfield said. “You have to have a blood test that shows you didn’t have HSV-1 antibodies at the time of the outbreak, and then several weeks later that shows you now have antibodies. Without that, you can’t know if it’s a new infection.” Is.

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A new infection, they said, must have occurred during the same time period as any oral sex or kissing (even friendly family kissing).

“Any such contact one to two weeks before the first onset of symptoms would be a more likely source of infection than lipstick,” he said. “I guess if someone with oral herpes and an active infection had literally taken it a minute before this woman took it, I would have to say there is some theoretical possibility, but it seems like a stretch.”

He explained that the fact that herpes is so stigmatized and can lie dormant for so long can lead to such incredible bonds. “They have a flare-up, or they suddenly pass it on to their partner after years together, whatever that may be, and they don’t understand where it came from because the exposure was so long ago,” he said. Handsfield runs a website where he answers questions about sexually transmitted infections, and he still has people ask him if they might have gotten herpes from a contaminated toilet seat. “My answer is always, well, which parts of your body actually touch the toilet? If people see herpes sores around the top of their lower back, I would say, sure, Maybe. But in general, I don’t think that the penis or labia majora go on toilet seats.

Other doctors we contacted expressed the same opinion: It is very likely that the claimant had the virus before using the lipstick because

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, Your first cold sore often occurs months or years after exposure to the virus, if you’ve ever had cold sores.

A spokesperson for the American Sexual Health Association said, “We can say with confidence that although there is a theoretical risk, the actual chance of contracting herpes through lipstick is very, very low.”

, “The virus doesn’t live very long on surfaces, and it would be difficult to prove that someone contracted the herpes virus that way. Most adults in the U.S. have oral herpes, and in most cases it’s almost impossible to determine when or how it was contracted. The herpes virus is very fragile and there is currently no documented case of someone definitively getting it from an inanimate object.

Even if transmission has occurred that’s causing such a stir, Handsfield said — it’s obviously incredibly rare.

Suing Over An Std: Is It Worth It?

A 2015 study by the World Health Organization found that 2 out of 3 people under the age of 50 have herpes simplex virus 1 (HSV-1). The CDC’s latest data on HSV-2 (genital herpes, although any virus can live anywhere) shows that more than 15 percent of Americans have it, and it’s more common among women, young people, and those who live in cities. In addition, about 90 percent of people diagnosed with shingles through a blood test

When you combine HSV-1, HSV-2, and the fact that many cases of both go completely undetected even if you’re completely herpes-free, you’re probably not smiling enough. Huh. Herpes is not a sign of moral failure or decay. Herpes happens.

Don’t be afraid of herpes. Everyone gets herpes. If you know you have herpes, you can easily avoid passing it on to your sexual partners (more on that below). It is unlikely that you will ever have symptoms, much less painful ones. If you do, you can use antivirus to suppress them. Everyone is different, but generally speaking? Don’t worry about ringworm, which you almost certainly have. That’s why lawsuits like this are peculiar: They perpetuate the myth that herpes is a terrible cross that can’t be borne, which makes herpes a terrible cross.

Please don’t assume that you have to go to a busy makeup store and apply the lipstick straight from the tube. If you’re trying on makeup from a shared sample, for the love of all things holy, use one of the disposable applicators. Be a good citizen of the world and don’t think twice about contaminating communal lip gloss with your own viruses and bacteria.

Cold Sore After Lip Tattoo

Maybe Sephora should have bigger signs to remind their customers to practice good applicator hygiene when trying on samples. but you shouldn’t