Palm Springs, California law firm, Slovak Baron & Empey, LLP is pleased to announce that the California Court of Appeals has affirmed a landmark verdict and award by a Riverside County Superior Court jury that last year found in favor of its client who was infected with genital herpes by her former boyfriend who had not disclosed having the incurable disease. In upholding the verdict, the appeals court determined a final financial judgment against the defendant, Thomas Redmond, for $1.575 million in compensatory damages and $2.750 million in punitive damages for a total award of $4.33 million. The case is believed to be the largest jury verdict ever awarded in a case of this nature.
The plaintiff in the case, Patricia Behr, was infected with genital herpes which is an incurable sexually transmitted disease. Her former boyfriend had been infected with genital herpes for over 25 years prior to meeting her and knew he was infected with the disease, but failed to disclose it to her prior to their sexual relationship and failed to use a condom to protect her.
"Patricia is elated that the appeals court has confirmed the superior court jury's verdict from 2009," says attorney Shaun Murphy, partner at Slovak Baron & Empey who tried the case in superior court. "Now this difficult part of her life is over and she can move forward knowing that justice was served." Paul Herbert of the law firm of Payne & Fears, LLC was co-counsel on the case in the court of appeal.
Murphy was determined to see justice done for Ms. Behr and hopes it will send a message to others that this type of behavior is in fact illegal in California and will not be tolerated. "This final verdict is a clear message to our society that people who are infected with a sexually transmitted disease and know they are infected have an obligation, by law, to avoid sexual contact with uninfected people or at the very least must warn them prior to sexual contact."
With the magnitude of the verdict, especially the $2.75 million in punitive damages awarded to Ms. Behr, Murphy sees this new precedent as a deterrent to others from engaging in this type of egregious conduct."California has established a strong public policy to prevent the spread of sexually transmitted diseases and the magnitude of this outcome is a victory for not only Ms. Behr, but for those who may be spared the same pain, suffering and humiliation she has had to endure and must live with the rest of her life," says Murphy.
Mr. Murphy is the leading attorney in this field and this was the first of two multi-million dollar verdicts he has obtained in the last two years. In October 2010, Murphy obtained a verdict of $2.49 million for a woman infected with genital herpes by her husband. In the last two years, Mr. Murphy has also assisted others infected with genital herpes obtain over $4 million in settlements.
About Slovak Baron & Empey LLP... Formed in 1999 with four partners, Slovak Baron & Empey LLP (SBE) has built a strong reputation as successful trial lawyers and transactional counsel closing over a hundred million dollars in complex business deals. A Martindale Hubble AV-rated law firm, SBE has quickly grown to 15 lawyers with offices in Palm Springs, Orange County, and New Jersey. For more information about SBE, please call 760.322.2275 or visit the firm’s website at www.sbelawyers.com.
