| Joined: May 2013 Posts: 134 Senior Member (100+ posts) | Senior Member (100+ posts) Joined: May 2013 Posts: 134 | Civil liabilities for passing an asymptomatic virus currently carried by an estimated 80% of the population? If Person A sued Person B for giving them HPV it would seem they would need a) a recent clean blood panel, b) some sort of assurance of no other contact (kissing?) with someone who has the virus and who, by the way, doesn't even know they have it because they're asymptomatic and c) some way of establishing the time it was contracted (How did you know?) In hindsight, the advice my parents gave me (which I guarantee you they didn't follow) about sex when I was 11 was spot on. I didn't follow it either and here I sit. Current culture laughs out loud at that advice and moves at high speed in the other direction. Then we ramble on forums about what to do about HPV.
Dx March 2011 via FNA (49 yrs old) SCC BoT HPV+ exact strain unknown Stage IVa T3N2cM0 Cisplatin x 3, IMRT x 40 (7267 cGy) One node removed post-treatment (rad dmg) Clean PET 10/28/11 Swallow therapy | | | | Joined: Jul 2012 Posts: 3,267 Likes: 4 Patient Advocate (old timer, 2000 posts) | Patient Advocate (old timer, 2000 posts) Joined: Jul 2012 Posts: 3,267 Likes: 4 | That's all to be proven in court lol. Even so, I wouldn't want to be the first case in the newspaper, and sometimes it's not all about the money, and who says the victim can't get the infected person to admit to such a reckless act, like after being told they were recently diagnosed HPV-16 positive cancer, a potentially deadly disease, and didn't inform the other sex partner, and other scenarios can go on and on. People were sued for herpes, which could be asymptomatic too, even exposure, and had to pay, had names in newspapers since it's a matter of public record. First go after them criminally maybe, and then civilly, which needs a lesser burden of proof. Of course this is just theorizing, but I can see it possibly happening one day. Maybe my doctors were trying to protect me, and reason they didn't test me for HPV-16 
10/09 T1N2bM0 Tonsil 11/09 Taxo Cisp 5-FU, 6 Months Hosp 01/11 35 IMRT 70Gy 7 Wks 06/11 30 HBO 08/11 RND PNI 06/12 SND PNI LVI 08/12 RND Pec Flap IORT 12 Gy 10/12 25 IMRT 50Gy 6 Wks Taxo Erbitux 10/13 SND 10/13 TBO/Angiograph 10/13 RND Carotid Remove IORT 10Gy PNI 12/13 25 Protons 50Gy 6 Wks Carbo 11/14 All Teeth Extract 30 HBO 03/15 Sequestromy Buccal Flap ORN 09/16 Mandibulectomy Fib Flap Sternotomy 04/17 Regraft hypergranulation Donor Site 06/17 Heart Attack Stent 02/19 Finally Cancer Free Took 10 yrs
| | | | Joined: Oct 2013 Posts: 559 Likes: 1 "Above & Beyond" Member (500+ posts) | "Above & Beyond" Member (500+ posts) Joined: Oct 2013 Posts: 559 Likes: 1 | Something to think about as it relates to consent. You start a new relationship and in good faith inform the other about your STD status. They understand and in good faith verbally agree, you consumate your relationship. Let's say the new relationship doesn't end up in a happy marriage, but ends (maybe unhappily) sometime in the future. Later, your past flame is diagnosed with HPV-16 oral cancer and they are convinced it was you that infected them. What was verbally agreed too at the beginning of the relationship may be way different than what is remembered after diagnosis is made, especially if they were the one who was unhappily ditched. I say, you better get that consent in writing before consummation. How much of a cooling down effect is that going to have on consumating your new relationship? If you have any financial assets you wish to protect from a civil suit you might need to involve a lawyer in drafting that agreement. No, I'm not a lawyer, and can't give legal advice. But, it is something to think about. Crazier things have happened in our litigation prone society. Edit: Sorry Paul, I didn't read your previous post closely enough. I suppose even with a written agreement, you can still end up in civil court. But a written agreement may help save you from criminial exposure. Just thinking out loud here, now if the other person has as much to lose as you do, then maybe that levels the playing field somewhat. And when I say has as much to lose as you, I don't just mean financially. Ie if they also have maybe even a different STD, then they have a risk of infecting you.
Last edited by n74tg; 01-14-2014 09:38 PM.
Tony, 69, non-smoker, aerobatics pilot, bridge player/teacher, avid dancer (ballroom, latin, swing, country)
09/13 SCC, HPV 16, tonsillectomy, T2N0. 11/13 start rads, no chemo 12/13 taste gone, dry mouth, 02/14 hair slowly returning 05/14 taste the same, dry sinuses, irrigation helps. 01/15 food taste about 60% returned, dry sinuses are worse in winter. 12/20 no more sinus problems, taste pretty good
| | | | Joined: Mar 2011 Posts: 1,024 "OCF Kiwi Down Under" Patient Advocate (1000+ posts) | "OCF Kiwi Down Under" Patient Advocate (1000+ posts) Joined: Mar 2011 Posts: 1,024 | HPV Oropharyngeal cancers take many, many years to develop. We were told 20 - 30 years. Hope you will still be around then to be sued. Only in America. Tammy.
Caregiver/advocate to Husband Kris age 59@ diagnosis DX Dec '10 SCC BOT T4aN2bM0 HPV+ve.Cisplatin x3 35 IMRT. PET 6/11 clear. R) level 2-4 neck dissection 8/1/11 to remove residual node - necrotic with NED Feb '12 Ca back.. 3/8/12 total glossectomy/laryngectomy/bilat neck dissection/partial pharyngectomy etc. clear margins. All nodes negative for disease. PEG in. March 2017 - 5 years disease free. Woohoo!
| | | | Joined: Jan 2013 Posts: 1,293 Likes: 1 Patient Advocate (1000+ posts) | Patient Advocate (1000+ posts) Joined: Jan 2013 Posts: 1,293 Likes: 1 | The fact is anyone can sue anyone for just about anything and if you have assets to protect you have to spend money to defend yourself. The answer is to have a couple million dollar umbrella policy to cover all the stupid crap that can come your way "only in America"!
Don Male, 57 - Great health except C Dec '12 DX: BOT SCC T2N2bMx, Stage 4a, HPV+, multiple nodes 1 tooth out Jan '13 2nd tooth out Tumor Board -induction TPF (3 cycles), seq CRT 4-6/2013 CRT 70gr 2x35, weekly carbo150 ended 5/29,6/4 All the details, join at http://beatdown.cognacom.com | | | | Joined: Jul 2012 Posts: 3,267 Likes: 4 Patient Advocate (old timer, 2000 posts) | Patient Advocate (old timer, 2000 posts) Joined: Jul 2012 Posts: 3,267 Likes: 4 | Yeah, if I can get 20 more years, I rather be tried by twelve.
10/09 T1N2bM0 Tonsil 11/09 Taxo Cisp 5-FU, 6 Months Hosp 01/11 35 IMRT 70Gy 7 Wks 06/11 30 HBO 08/11 RND PNI 06/12 SND PNI LVI 08/12 RND Pec Flap IORT 12 Gy 10/12 25 IMRT 50Gy 6 Wks Taxo Erbitux 10/13 SND 10/13 TBO/Angiograph 10/13 RND Carotid Remove IORT 10Gy PNI 12/13 25 Protons 50Gy 6 Wks Carbo 11/14 All Teeth Extract 30 HBO 03/15 Sequestromy Buccal Flap ORN 09/16 Mandibulectomy Fib Flap Sternotomy 04/17 Regraft hypergranulation Donor Site 06/17 Heart Attack Stent 02/19 Finally Cancer Free Took 10 yrs
| | | | Joined: Oct 2013 Posts: 559 Likes: 1 "Above & Beyond" Member (500+ posts) | "Above & Beyond" Member (500+ posts) Joined: Oct 2013 Posts: 559 Likes: 1 | We have been TOLD it takes 20-30 years for HPV-16 cancer to manifest. How confident are you in that number or any other number related to this form of cancer where so much is still unknown. How confident are the researchers who made the statement. As for me, I would just as soon read the actual study with my own eyes where that estimate came from. Does anybody have knowledge of where we can get a copy of that study, like maybe a URL or something. I don't have a lot of confidence accepting on faith what others have learned 2nd, 3rd or 4th hand anyway. Too much gets lost in translation. For something as important as this I think we all need to be working off of 1st hand knowledge.
Last edited by n74tg; 01-15-2014 04:36 AM.
Tony, 69, non-smoker, aerobatics pilot, bridge player/teacher, avid dancer (ballroom, latin, swing, country)
09/13 SCC, HPV 16, tonsillectomy, T2N0. 11/13 start rads, no chemo 12/13 taste gone, dry mouth, 02/14 hair slowly returning 05/14 taste the same, dry sinuses, irrigation helps. 01/15 food taste about 60% returned, dry sinuses are worse in winter. 12/20 no more sinus problems, taste pretty good
| | | | Joined: Sep 2006 Posts: 8,311 Senior Patient Advocate Patient Advocate (old timer, 2000 posts) | Senior Patient Advocate Patient Advocate (old timer, 2000 posts) Joined: Sep 2006 Posts: 8,311 | I think his thread is going off on a different limb. Forget this legal mumbo jumbo crap, we need to get back to his question(s). I have testified before the Florida House and more recently the CDC representing the OFC on behalf of the Gardasil vaccination. In doing so I traveled with the head HPV researcher from Moffitt who is still with Moffitt today. Seven years ago she told me that regardless of my age IF I were still sexually active with multiple partners that I should get the shots. I even called her appx 2 months ago and we had the same discussion because this topic comes up frequently on this site and I wanted to know if in 7 years anything had changed her opinion. She told me that her advice UNDER those circumstances remains the same. She told me that the vaccine would work and therefore protect against future exposures regardless of age and previous exposures if administered while one was HPV clear. Problem is there is no oral test that that can tell one that but given that our Tx should make most of us cancer free and assumptively HPV free I personaly would get the shots myself and would advise anyone else to do the same. I just don't see a downside. Also there is pretty much no such thing as "safe sex" when it comes to Oral Cancers caused by HPV.
David
Age 58 at Dx, HPV16+ SCC, Stage IV BOT+2 nodes, non smoker, casual drinker, exercise nut, Cisplatin x 3 & concurrent IMRT x 35,(70 Gy), no surgery, no Peg, Tx at Moffitt over Aug 06. Jun 07, back to riding my bike 100 miles a wk. Now doing 12 Spin classes and 60 outdoor miles per wk. Nov 13 completed Hilly Century ride for Cancer, 104 miles, 1st Place in my age group. Apr 2014 & 15, Spun for 9 straight hrs to raise $$ for YMCA's Livestrong Program. Certified Spin Instructor Jun 2014.
| | | | Joined: Aug 2013 Posts: 54 Supporting Member (50+ posts) | Supporting Member (50+ posts) Joined: Aug 2013 Posts: 54 | You are HPV-16 Positive....with a cancer diagnosis! You shouldn't spread it. Unless you are in a monotonous relationship with someone already....you're done with unprotected sexual contact. Simple as that dude. You're 65 years old! Concentrate on getting well and leave the ladies alone. Sorry if that's harsh..... But just being real. Keep your tongue to yourself.
48 yo female, quit smoking 4yrs ago, light drinker, Stage 2 SCC, Bx3, Dx 8/22/13, surgery 9/11/13. Partial glossectomy, bilateral neck dissection levels 1-4. Tongue reconstruction with flap from forearm. 87 Lymph nodes CLEAR. Tongue margins good at 1 cm. No further treatment planned. Monthly monitoring planned for upcoming year then periodic monitoring for next 4
| | | | Joined: Aug 2013 Posts: 54 Supporting Member (50+ posts) | Supporting Member (50+ posts) Joined: Aug 2013 Posts: 54 | Didn't mean monotonous.....spell check got me. I meant monogomous.
48 yo female, quit smoking 4yrs ago, light drinker, Stage 2 SCC, Bx3, Dx 8/22/13, surgery 9/11/13. Partial glossectomy, bilateral neck dissection levels 1-4. Tongue reconstruction with flap from forearm. 87 Lymph nodes CLEAR. Tongue margins good at 1 cm. No further treatment planned. Monthly monitoring planned for upcoming year then periodic monitoring for next 4
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