Seattle, WA asked in Personal Injury and Health Care Law for California

Q: If somebody claims that someone else have them a virus what would that be considered?

The reason for this question is because somebody is blaming me for giving them hepatitis c which has not yet been confirmed yet and still are waiting for the results. They say I am one to blame because they found it just recently in my blood but it wasn’t concrete yet because it’s a possibility that it is just antibodies. The thing that doesn’t make sense is that I barely met this woman twice and never talked to her due to her only speaking Spanish. While me and my girlfriend that I lived with the past year had no trace of having it either. They blame me but the lady that was tested wasn’t tested in the United States but Mexico. She went to Mexico to get tested and got positive and now can’t come back to the US. They are now trying to file a lawsuit on me when I barely just found out I even might have It. The results came back after I met this woman.

3 Lawyer Answers
Dale S. Gribow
Dale S. Gribow
Answered
  • Palm Desert, CA
  • Licensed in California

A: More info needed.

it sounds like you are just concerned about Civil and not criminal issues.

anyone can sue anyone for anything at any time.

unless you have assets i would be surprised that a lawyer would take the case on a contingency.

if she has money she may pay a lawyer on an hourly.

William John Light agrees with this answer

Thomas A. Grossman
Thomas A. Grossman
Answered
  • Palm Springs, CA
  • Licensed in California

A: Blood test results can be very tricky. I had a false positive result for Hep C, which was found to be an error on a re-test. Also, the lady in question could have been carrying the virus before she was tested, or been exposed to it from another person. A person can pick up the virus in many ways. Before this lady files suit (if she does), her attorney better be sure that he can prove that his client a) has been exposed to the virus; and b) she can prove it came from you. Otherwise, you maybe suing her for defamation

William John Light
William John Light
Answered
  • Santa Ana, CA
  • Licensed in California

A: Notify your homeowner's/renter's insurance, if you have it. If not, you can either arrange to pay an attorney hourly to defend you, and/or negotiate a settlement, or file for bankruptcy. Do not give anyone any money without a simultaneous written Settlement Agreement and Release.

It would seem that there are some potential defenses you could assert. First, she would have to authenticate her Mexican medical records, which is possible but some jurors would probably not be too persuaded by them. In addition, she can't come back to the US, so it seems unlikely that she would be able to litigate a personal injury claim since she can't show up at trial and you, as a defendant, are entitled to require her presence. Further, she would have to prove that you infected her, while you could apparently argue that it was the other way around. Even if the infection came from you, she would have to prove that your were negligent. Since you were apparently unaware of the presence of the infection, or antibodies, it would seem that you may not have been negligent. Finally, Hepatitis C is spread through contact with infected blood. Given that you barely even spoke to this woman, it seems unlikely that she came into contact with your blood, so the possibility of an infection transmission from you seems highly unlikely.

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