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66 Mo. L. Rev. 929 (2001)
Kiss and Tell: Making the Case for the Torious Transmission of Herpes and Human Papillomavirus

handle is hein.journals/molr66 and id is 939 raw text is: Kiss and Tell: Making the Case for the Tortious Transmission of Herpes and Human Papillomavirus Deuschle v. Jobe' I. INTRODUCTION Recognizing theories of recovery for a tort committed an estimated six million times per year in the United States alone at anannual cost in excess of $4 billion is logical-if not imperative. Not all jurisdictions, however, recognize theories of recovery when the tort in question is the wrongful transmission of herpes and human papillomavirus (HPV), two of the most common, incurable sexually transmitted diseases (STDs) in America? Nevertheless, inDeuschle v. Jobe the Missouri Court of Appeals for the Western District of Missouritook a significant step by acknowledging an unmarried sexual partner's right to bring negligence and intentional tort claims for the transmission of these STDs.5 Contending that wrongful transmission causes of action sounding in negligence and intentional tort should be recognized, this Note begins by setting forth the facts and holding of Deuschle, and thenprovides an overview of genital herpes and HPV. Nex this Note surveys the legal landscape of tortious transmission cases involving these two STDs and examines thepubliepolicies that factor into the decision whether to allow tortious transmission actions. After exploring Deuschle in detail, this Note seeks to uncover the roadblocks to recovery that exist even when causes of action are recognized. II. FACTS AND HoLDING In 1998, Monica Deuschle and Jason Lee Jobe engaged in an intimate relationship.6 Shortlythereafter, Ms. Deuschle was diagnosed withgenital warts and herpes.7 As a result of these infections, she filed suit against Mr. Jobe in Boone County Circuit Court.' 1. 30 S.W.3d 215 (Mo. Ct. App. 2000). 2. See infra notes 61, 67, and accompanying text. 3. See infra notes 29-77 and accompanying text 4. 30 S.W.3d 215 (Mo. Ct App. 2000). 5. Id. at 218-19. 6. Id. at216. 7. Id. For information regarding the nature and transmission of herpes and genital warts, see infra notes 29-77 and accompanying text 8. Deuschle, 30 S.W.3d at 216.

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