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TX Surgeon Sued for Giving NY Woman Herpes

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By Andrew Chow, Esq. on January 12, 2012 3:01 AM

A New York herpes lawsuit claims a disgraced Texas hand surgeon allegedly infected his ex-girlfriend with herpes after failing to disclose his disease.

Former surgeon Michael Glyn Brown, 54, of Houston, claimed he was disease-free before he moved in with his then-girlfriend, an unidentified businesswoman in Manhattan, the New York Post reports.

But after months of living together, the woman showed signs of a sexually transmitted disease. "She went to see a doctor," her lawyer told the Post. "And when she saw how serious it was, she went to see a lawyer."

The woman, who is in her 30s, is being treated for vaginal and anal herpes, the New York Daily News reports. Brown had previously taken medication to treat a herpes infection, but did not tell his sexual partners, the woman's herpes lawsuit against the surgeon claims.

Failing to disclose a sexually transmitted disease before having sex with someone is a misdemeanor in New York, the Daily News reports.

But even in states without STD-disclosure laws on the books, it's still possible to sue for an STD infection under general principles of negligence. Plaintiffs have to establish that their partner's failure to disclose an STD breached a duty of care and caused harm.

Brown's attorneys insist the woman's herpes suit "is really about getting money from Michael Brown." They claim they can prove the woman couldn't have been infected by Brown, but declined to elaborate.

The herpes lawsuit is not the first time the former surgeon has faced legal action. Brown was convicted of beating his third wife while she was pregnant, and was acquitted of assaulting his fourth wife. In addition, Brown lost his medical license in 2006 after testing positive for cocaine use, the Post reports.

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